Re: copyright in designs

On Thu, 04 May 2000, Stuart Gibson <s.gibson[_at_]cornwalls.com.au> wrote:
>
> I have a client, a graphics designer, who was requested by A to come
> up with various materials for its inhouse excellence awards and in
> 1997. A fee of $5000 was negotiated and my client organised not only
> for the designs but also arranged for the printing etc.
>
> Then in 1998 A once again retained my client to vary her work and for
> the same project and for a set fee.
>
> Finally in 1999 to my clients surprise she found that her work had
> been adapted for A's awards without her authority.
>
> A says that it was always at liberty to use the work as it saw fit
> at any stage in the future for purposes associated with the original
> project or concept.
>
> As a final point there was no asignment in writing signed by my client.
>
> I'm interested to hear any thoughts?

Stuart,

There is a recent case precisely on point (which I posted to this list earlier this year):

http://scaleplus.law.gov.au/html/sasdec/0/20001/0/SD000050.htm

Bottom line: your client is safe as houses.

Regards,
Tim

--
| Tim Arnold-Moore, Ph.D., LL.B., B.Sc. (Hons)
| Postal address:  Multimedia Database Systems, RMIT
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|	simul iustus et peccator
<tja[_at_]io.mds.rmit.edu.au>