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WA Created Logo for Friend - Do I Own Copyright?

Discussion in 'Intellectual Property Law Forum' started by Colt Standard, 7 January 2016.

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  1. Colt Standard

    Colt Standard Member

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    Around two years ago I made a Logo for a friend that started Business1 with two friends. The logo that I made has been used by Business1 for two years since. I was never paid for this work and I never signed a contract with Business1 to complete and hand over the work. It was a favour for a friend.

    Move forward and my friend has had a falling out with the other two Business1 partners. My friend is going to start Business2 and is getting paid out of Business1. However, Business1 is still using the logo that I created.

    So my question is, can I ask Business1 to stop using the logo that I created? Or have they been using it for too long and now own copyright?

    Disclaimer - I am doing this to be a pain more than looking to get paid (which wouldn't be a bad outcome). So, yes, this is petty, but any help would be greatly appreciated as Business1 owners have not been very civil in the break up of the company with my friend...

    Thanks heaps for your help!
     
  2. Tim W

    Tim W Lawyer

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    Probably too late.
    I'd argue that it is possible to infer from (everybody's) conduct up to now
    that you have "assigned copyright" in the art to Business 1, yes.
    Just to be clear - to Business 1, not to your friend.

    Bear in mind that "doing this to be a pain" can turn out to be unlawful in itself.
     
  3. Colt Standard

    Colt Standard Member

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    Thank you very much for your reply Tim.

    That's kind of what I assumed. Oh well, guess I will just have to take the higher ground. Although it might not count if that's your only option.

    Thanks again for your help!
     
  4. Tim W

    Tim W Lawyer

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    My suggestion?
    Keep out of somebody else's fight.
     

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