A copyright question for discussion:

As others have noted - it depends on the contract / agreement they had. Some artists do the best to retain copyright on all their work, other companies may insist that copyright transfer to them. I know of contracts for photographs that specify this company can use this photo X amount of times in house (or externally - then they pull it - kind of a bear as folks copy parts to presentations all the time and they're supposed to track back the photo and checked they used it in a counter). Probably many variations (magazine has copyright to use as much as they want but not right to transfer / assign copyright beyond their use might be one).

2 comments

by maggiecal 09 Oct 2015

Oops, want to add that I'm just noting what I have seen and I am not a lawyer :-)

by spendlove 10 Oct 2015

Sounded good though!

Interesting

Hmmmm, I would get a letter or e-mail from the editor at the magazine stating they either hold the copyright or they have a release from the original designer to use it for their purposes...if they can't provide you with a disclaimer in writing...I would pass...

1 comment

by spendlove 03 Oct 2015

I've sent the editor a picture of my first draft and she was so excited she put it straight on their Facebook page. (Is is a sewing magazine.)

When a magazine commissions a logo, the magazine usually owns the logo; except when the designer is someone who's artwork is well known and everything they do is copyrighted. I would write a letter to the editor or the person you spoke with at the magazine that states you are documenting the phone conversation or email that gave you permission to use the logo for your own purposes. Then put that if this is a problem to contact you immediately and leave them a phone number where you can be reached all the time. Thank them for their time and great magazine. Letters like this are very short and sweet. Document the phone call, keep a copy of the letter, and put them in your business safe.
I understand why we have copyrights but I think if song writers especially let people use one phrase without having to ask permission and pay for it, as long as you give them credit would give them free advertising.

2 comments

by ctirish 02 Oct 2015

Then don't worry about it unless it is Disney who seems to go after anyone who uses their logos.

by spendlove edited 03 Oct 2015

Luckily, Disney is not involved!
The editor gave her permission immediately but I did explain the issue to her and she is checking with the in-house design team. I'll have to wait until Monday for a response now.
I have a full record of the email "con

What a good ?, Sue.......... will be so interesting to see some advice on this........

TTT

SQ