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วันพุธที่ 5 สิงหาคม พ.ศ. 2552

nyu law magazine

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For starters, just because you have paid the artists that you have a unique design does not mean that you actually own the design - you have not (yet) acquired the rights to the design - you only pay for the work performed as a kind of license. What you want is to have the copyright on the design, so make sure you also that language in your contract with the artist - and yes, a contract, especially in this area. It doesn ' t have to like something, and you can do this themselves, but only to ensure that the language that states that you own the copyright of the design created.

A copyright protects authors, artists, composers and creators of works of art ", published or printed materials from unauthorized publication of their works without their consent. The copyright is actually much easier than a patent and costs only $ 30 in handling fees. Copyright is actually from the date on which the work is done. And it is not necessarily a prerequisite for submission of papers actually - but it makes it much easier to sue someone with your design without your permission. You can still sue, and maybe win without the copyright registration, but you would in any other way to prove that you are dealing with the concept that initial and date. Copyright is the submission of the public record of your copyright, so that is a whole series of simple, if you have someone court.

What the little copyright symbol © - it is not necessary, but also makes it known to others, you have a file on the copyright and can not work with your design copyrighted without your permission.

But back to the issue of hiring an artist to work for you. The artist works as an independent contractor (ie, not your employees) are not by default own the copyright unless the copyright is transferred, and this transfer must be made in writing. On the other hand, if your staff produces the design, then you as an employer of copyright.

With respect to damages in the event that you have to sue someone on your copyright violated, above all, it is no easy task, according to people who may be with the design, especially in the T-shirt industry, then setting a solicitor to pursue it, but if you decide to sue, then if you have registered your copyright before the infringement occurs, then damage potential is higher (statutory damages) and the recovery of attorney's fees are possible. If you do not register your design before the injury, then your losses are limited to actual damages only (ie, the money you lost because of the infringement).

This is obviously only a primer on what can be a gray area of law, but you can find more information on the website of the Government to copyright.gov

Bryan Johnson is the President and co-owner of the BlueHeavenTees.com

Blue Heaven Tees offers innovative and unique Christian T-shirts, hoodies and sweatshirts and other great Christian Christian gift ideas for the holidays.

http://www.BlueHeavenTees.com

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