Custom Design Pattern

[ekud1946]

If I get a designer to design a pattern for me and I pay for it, does the designer still have the copyright or can I

give it away or sell it myself?

Duke

[John B]

It depends upon the agreement made at the time, If I remember rightly, Charlie Deering had a caveat something like  (he retains the right the right to sell the pattern if the subject was generic) eg not a person.

[WayneMahler]

In general my understanding is the designer holds the copyright to the art work. The purchaser get permission to use it but can not sell re-distribute or share with out written consent of the creator.

[ekud1946]

1 hour ago, WayneMahler said:

In general my understanding is the designer holds the copyright to the art work. The purchaser get permission to use it but can not sell re-distribute or share with out written consent of the creator.

Even after I tell him what to design and I pay him, I still don't have any rights?

 

[JimErn]

1 minute ago, ekud1946 said:

Even after I tell him what to design and I pay him, I still don't have any rights?

 

If you say, design this for me, true he holds the copyright

if you have a written agreement saying once created the copyright resides with you, then that is the case.  That agreement can just be him agreeing to that in an email.  Or something like "Design this for me, and when you finish and I pay for it, the copyright belongs to me."  taking on the job is evidence of agreement

[WayneMahler]

Depends on the original designer. I know the patterns I create are copyrighted to me. Can not be shared or distributed in any format. Clearly stated in the agreement.

[teachnlearn]

 tIt's clearly the written agreement that is signed by both parties. It would be under business law. Statutes and artwork are contracted all the time and the final artwork is owned by the person paying for the work. The contract would have to state everything from who owns the original, work, who owns the copyright and who has the right to sell the pattern. Even patents can be sold. The agreement should be reviewed by a lawyer for legal loopholes and proper legal language if it's even worth it. RJF