I represent a small group of artists who have paid to have an advertising brochure designed and printed for a studio tour each year. This year we are changing graphic designers and have asked for our digital files which we have paid to have done each year. The designer will not forward them to us. This is the rider attached to the end of his email which he says means the files are his property.
"Any files attached are property of xxxx company and can only be used as instructed by xxxx company. Files cannot be altered and/or parts extracted for any other use. By using this file in any other way than instructed by xxxxx you are performing an illegal operation which can and will result in legal actions if necessary."
In the past he has forwarded files to other designers. We paid for the design work. The files would not be used except for the advertising purpose they were created for.
He has received files from other design firms in order to produce our work.
In particular, the most important file we need is one that was sent to him from a different company in 2008 and he did not create it. It forms the front of our brochure. We need the background painting. The overlay of words can be redone.
If he were to forward to file to us, isn't he giving us permission to use the files.
What can I say to him to convince him the files belong to the group of artists and they need to be released?
Answer by Andrei Mincov
British Columbia lawyer
Posted over 9 years ago
Dedicated to Protecting Your Ideas
and Covering Your Assets®
Founder and CEO
Trademark Factory® International Inc.
Get started with your free trademark search at http://freeTMsearch.com
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrei Mincov, or search the Lawyer Directory.