Contract or Protection

[James & Zelma Litzmann]

If you have some designs and you wanted to get a sign made from a sign company with these designs, how can you be sure they won't reproduce your designs on their own. Is there a contract or something that could be used.

[Scott Shepherd]

I'm not a lawyer, but my understanding of it is that if you create it, then it belongs to you, regardless of anyone signing anything. It is copyright protected by you.

However, it's expensive to protect it. Once it's out there and they copy it, against the law, your only recourse is legal action which is expensive.

It's difficult, but you have to have a trust relationship with the people you work with. If you don't feel comfortable, then don't use them. Also, I'd make sure I have a discussion with them up front about not expecting to see your work and ideas reproduced without your permission.

Tough one. People that want to copy and steal will copy and steal. Anything you do to protect yourself is only keeping the honest people honest, in my opinion.

[Dennis McGarry]

That is a difficult question easily answer.

In basic terms its your work, BUT in providing it to another to reproduce you have to make sure that their own contract for the work does not grant them rights to it.

Just creating something does not inherently give you protection from it.

Best course of action is to talk the shop doing the work and ask them what their policy is on the matter.

You can file a copyright on it yourself but then some shops may not produce it. You can also draw up a basic contract or ask to have a amendment added to theirs granting them the right to produce it only in a set number of works provided then to you. And use wording that in no way releases the work from you to them for any future productions without your express written consent..

[Dan Hintz]

In basic terms its your work, BUT in providing it to another to reproduce you have to make sure that their own contract for the work does not grant them rights to it.
To clarify this point...

Their contract cannot remove your ownership of the design, regardless of the wording, if you did not do the design under contract for them (as a client of theirs, subcontractor, etc.). In other words, if you create a nice sign design and ask company 'A' to build it, there is nothing they can write into their contracts that gives them the right to that design... tat resides solely with you.

They may include wording that allows them to use images of the finished design in their advertising, etc., but not derived works (no changing of colors and using it as their design). You can deny them these rights (just as they can deny taking on the work), and you can provide them with usage rights beyond this (such as licensing the design to them for their own use), at your discretion.

You may also sign the design over to them completely, but this has to be by your own choice (and they are within their rights to deny the work if you choose not to sign the design rights over to them... at which point I would tell them to take a long walk off of a short pier).

[Mike Null]

Do business with somebody you trust and advise them that the design is exclusive.

While I may take pride in some of my designs I'm not too worried about theft as there are not too many people interested in stealing a design. A famous logo...now that's another matter.

[Chip Peterson]

Do business with somebody you trust and advise them that the design is exclusive.



Took the words out of my mouth.

James and Zelma, Perhaps you could work with someone from SMC for your signs. I'd be glad to help you if you'd like.

[Dennis McGarry]

To clarify this point...

Their contract cannot remove your ownership of the design, regardless of the wording, if you did not do the design under contract for them (as a client of theirs, subcontractor, etc.). In other words, if you create a nice sign design and ask company 'A' to build it, there is nothing they can write into their contracts that gives them the right to that design... tat resides solely with you.

They may include wording that allows them to use images of the finished design in their advertising, etc., but not derived works (no changing of colors and using it as their design). You can deny them these rights (just as they can deny taking on the work), and you can provide them with usage rights beyond this (such as licensing the design to them for their own use), at your discretion.

You may also sign the design over to them completely, but this has to be by your own choice (and they are within their rights to deny the work if you choose not to sign the design rights over to them... at which point I would tell them to take a long walk off of a short pier).

That is what I was saying, their contract may include wording granting them the right to use it anytime. By signing and not reading it fully you then release the rights..

Stick to ones you can trust, and get to know them. Or better yet, talk to the guys here.. :)