Expert: Kacey Cahill - 5/8/2009

Question
I am a Graphic Designer and I created some Artwork for a client, it was a family friend so there was no contract. The initial artwork was paid for, however there have been several alterations to the same artwork with a price negotiated per alteration. I have all emails going back and forth in connection with all the work. The client has recieved all the updatede pieces but is refusing to make payment now. As i have not signed over any usage rights, copyright etc. and there was no contract under (17 U.S.C. Sec. 201) is this artwork still legally mine and can i pursue legal action to either get paid, or have them cease from using my artwork and remove any current usage?

Thanks I appreciate your knowledge in this matter!

Answer
In general, for you to have transferred you copyrights under these circumstances, you would have either had to transfer them literally (say so) or have this be a work for hire.  Since you say there is no written agreement, I don't see how it can be a work for hire.  I think the rights are probably still yours.  You can stop them from using it if they are using "work" they have not paid for.  If there is a dispute about whether they should have paid for it or not, then you grounds for stopping their use is comparably shaky.  Certainly the part of (or the versions of) the work they paid for they are entitled to use (under a license from you - they paid and you do the work and give them the right to use it for a certain purpose), it is the rest that you would have to argue that they did not pay for and therefore have no right to use.  


I hope this is helpful, but please understand that this is intended for educational purposes only and not as legal advice.

Kind regards,

Kacey Cahill
Principal, Kacey Cahill Law
kcahill@kaceylaw.com