Do I own this?

From: Bill Buckley <rmill[_at_]hotmail.com>
Date: Tue, 03 Mar 1998 10:23:09 PST

   Hello all.

   I have a question on ownership of copyright. I am in Florida in case that makes any difference.

   I am a printer and have been in business for a while and thought I knew what the law says but I am not so sure in this instance and seek some advice and guidance from folks who have been there.

   Several weeks ago a long-time acquaintance and customer (we'll call him John) walked into my shop and wished to have us do an order for political signs for a campaign he is involved in. As usual, he had no camera-ready copy nor so much as a pencil sketch. And again, as usual, he wanted us to computer set his graphics.

   I gave him a tablet on which to rough sketch the layout and when he was done I told him I'd have something in a few hours. Taking that sketch I did a complete layout including font selection, etc. After he returned he saw the laser-print draft, marked up some changes and I did the corrections. Only this time he was peering over my shoulder and doing some (very) slight directing.

   Cutting to the chase - we did one order. A re-order (by the candidate when picking up the initial order) with slight color changes was canceled when it was 1/4 done. In negotiating a payment and disposition of the work in progress which was halted, I discovered that the campaign purchased comparable signs from another vendor local to their area and the signs were identical to mine (doubt there is even a 1/16" difference in the overall size/layout). I raised some hell with a staffer who should know better (he is associated with a weekly newspaper). His retort was that John claimed ownership of the artwork. I claimed it was my work product and stated I did not assign it to anyone plus I only charged a nominal $25.00 for the computer time and multiple print-outs. If it matters, the going rate in this area would be $85.00 - $100.00 for a comparable camera-ready, made to scale layout for a sign this size. (We don't do layouts for non-customers as we are far too busy)

   Question: Who owns the copyright, John or I?

   Question: Does the campaign have the right to use my art in the

              manner they did?

   Question: If I find it necessary to sue, would a court in my county

              be appropriate venue?  (The candidate's county is a
              2-hour drive from my shop.)

   Question:  Is there anyplace on-line that has a generic 
              cease-and-desist letter that I can copy/edit and 
              mail to the campaign and the idiot printer who 
              did the job?

   Question:  If suit is necessary to resolve this, would I really
              need an atty. and if so, what are the chances of the
              court awarding me atty. fees per the law?  

Thanks.

Bob Miller
<rmill[_at_]hotmail.com>

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Get Your Private, Free Email at http://www.hotmail.com Received on Tue Mar 03 1998 - 18:23:48 GMT