Orlando, FL asked in Copyright, Intellectual Property and Trademark for Florida

Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her 2 designs I came up with she loved one of them. We had no discussion contract or conversation that this design was exclusive to her etc(prior to this claims that I must go through her to offer the design I created) .. ive created many custom post my work and others have ordered my items(no priorissues firstin my history)..

This person now claims I stole "her design" and using it without her permission. Here's the thing she provided me what she'd like me to design

I bought the SVGS files to use.

I chose color bought material's and software

It was my brain that designed this idea

How in the world did I use something I designed and is on my hard drive with my business name on it?

Please help

1 Lawyer Answer
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within that definition. Feel free to call or email me if I can assist further.

John Brendan Riordan agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.