automatic right of use?
November 13, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I opened a store in 2007. As I am a graphic designer myself, I designed the entire visual identity: logo, outdoor advertising, website, online shop, flyers, business papers, etc.
In 2008, a partner joined the store who is now taking over the store in 2010 and I am stepping out. Do I have to provide the design to the store free of charge or at all?
Kind regards,
Annette Schultetus
Dear advice seeker,
Thank you very much for your inquiry!
Taking into account the information provided by you, I am happy to answer the question you have asked summarily as follows:
In order to make a final assessment of this question, it would be necessary to see the design or relevant photos of it. However, I strongly believe that the design has reached a certain level of creativity in terms of copyright, meaning that the design is protected by copyright or in other words, you have copyright rights to it.
This means that you do not have to simply hand over the design and surrounding elements to your successor without charge, but rather you could/should negotiate a fee for its use with them.
If your successor continues to use the design without your permission, they are likely to be held liable for a copyright infringement towards you, which is why you could issue a warning or claim damages.
I would be happy to examine your design to determine if it ultimately has copyright protection, taking into account the initial consultation fee paid. If you are interested, you can contact me via the email address provided below.
I hope that my explanation has been helpful to you. Feel free to contact me through this platform's follow-up option or via my email address.
Finally, I would like to point out the following: The legal advice provided by me is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. By adding or omitting relevant information, a completely different legal assessment may result.
I wish you a pleasant Friday afternoon and a wonderful weekend!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
