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Car club logo ??

 
   Copyright Aid Forum Index -> Ownership and Permission

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Bennyhill
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PostPosted: Fri Sep 07, 2007 10:49 am    Post subject: Car club logo ?? Reply with quote

Hi,

Hope this is in the correct place!

I designed a logo for a car club which I was a founder member off, but over the last couple of months I have been phased out to the position and not welcome back! no idea why!?!

What I would like to know is can I remove the logo which is used for banners, clothing and the website so they cannot tinue to use it? If they continue to use it what do I do next?

I did say from day ne that I own the copyright to this logo and no one else was involved with creating it.

I have the original file on my computer plus I also have it stored on a external memory card all with the oringinal dates on it and I have sent ti to myself as a recorded delivery letter unopened!

Thanks for your help

Benny
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CopyrightAid
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Joined: 03 Jan 2007
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PostPosted: Fri Sep 07, 2007 12:00 pm    Post subject: Reply with quote

Hi Benny and welcome

Quote:
I did say from day ne that I own the copyright to this logo and no one else was involved with creating it.


If it has always always been clear that you are the copyright owner, (and from your description it certainly seems so), I am sure you could insist that they stop using your logo.

As the copyright owner, you have the right to control how your work is used, if you are unclear what your rights are as a copyright owner - there is a good fact sheet at the UKCS website that covers this (http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law).

As you would know the club members well, it is worth discussing this with them (in a civil manner Wink )in the first instance, if that fails it's a 'cease and desist' letter, and if that fails it's solicitor time (at which point you need to think long and hard about how much the logo means to you [it could get expensive]).


On the flip side, I can imagine that the club will probably make an argument that they have a right to use it because the logo was designed for the club, and to be used in the club. If it came to it a solicitor would be able to advise if their arguments carried any weight.
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Bennyhill
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PostPosted: Fri Sep 07, 2007 12:36 pm    Post subject: Reply with quote

hi thats great info.

Its the other partys thats caused it to be like this, the logo would only be removed if they were going to be very akward about things.

If i did remove it then I guess its me being the bad one lol

Thanks again.
B.
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Bennyhill
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PostPosted: Mon Oct 15, 2007 12:20 pm    Post subject: Reply with quote

I have been thinking alot about this lately and knowing the 3rd party involved, If i pulled the logo from them I would imagine that they would just recreatet the logo with small differences as they have done this before with someone else artwork and passed it off as theres for producing stickers.

How does this work if they re-make the original logo in a different way?

also, if I decided to pull the logo, how does this work for existing merchandise that the club had created with the logo I designed on it?

Thanks
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CopyrightAid
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PostPosted: Tue Oct 23, 2007 11:13 am    Post subject: Reply with quote

Simply changing an existing work is classed as adaptation and is itself a restricted act - i.e. it is an infringement if done without your permission, and as the result is an adaptation, rather than a new work, copyright would still belong to the original author (i.e. you).

If you pulled the logo? Well, ordinarily in infringement cases, all infringing copies of the work must withdrawn, but given that the existing merchandise was produced with your consent (I assume) you could only hope to prevent future manufacture.
BUT, as I stated before, I can imagine that the club will probably make an argument that they have a right to use it because the logo was designed for the club and by implication that means you consented to their use.

My personal view - Life is too short. It's not that you don't have a case, but I could see it getting very messy (and expensive) if they dig their heels in.
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