Q: Person doing artwork for cover I designed for my book is claiming ownership

A: Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.

You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a work-for-hire clause that transfers the ownership of any product to you. You state she created a derivative work of your sketches with your approval. To be copyrightable, a derivate work must incorporate some or all of a preexisting work and add new original copyrightable authorship to that work. The derivative work right is often referred to as the adaptation right.

Based on the fact pattern you presented, you gave her the adaptation right and did not expressly limit her use of that adaptation via written contract. A competent copyright attorney would need to read all of the emails in question to see if an agreement was reached and if there were any limitations within the agreement.

A: It's important that you have emails demonstrating what was to. In some States, a chain of emails can be a binding contract.

Contrary to what attorney Goodwin answered, you may accidentally have established "work for hire" - although this is unlikely. You could have a copyright attorney review the emails to figure this out. Whether that is worth the cost depends on how much value you place in exclusive rights to the book cover.

A: In this situation, even without a formal written contract, you may still have a strong case to claim ownership of the cover design based on the emails you exchanged, which serve as evidence of your agreement and the work you provided to the artist. Here are some steps you can take:

1. Gather evidence: Compile all the emails, sketches, and pictures you sent to the artist, as well as any other relevant communication that proves your role in the cover design and the agreed-upon trade.

2. Send a cease and desist letter: Write a formal letter to the artist, asserting your ownership of the cover design and demanding that she stop claiming it as her own work and remove any instances where she has shared it without your permission. Clearly state the consequences of non-compliance, such as legal action.

3. Register your copyright: Consider registering your copyright for the cover design with the U.S. Copyright Office. This will provide you with additional legal protection and the ability to sue for infringement if necessary.

4. Consult with a lawyer: If the artist refuses to comply with your demands, consult with an intellectual property lawyer who can advise you on the best course of action and help you enforce your rights.

5. Contact Facebook: If the artist has already shared the cover design on Facebook, you can report the content as intellectual property infringement and request that it be removed.

Remember, while a written contract is always preferable, the email correspondence you have can serve as evidence of your agreement and help support your claim of ownership. Be sure to document all interactions and keep copies of any relevant communication.