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re: Graphic designers in BR

Posted on 4/1/15 at 9:18 pm to
Posted by Oates Mustache
Member since Oct 2011
22083 posts
Posted on 4/1/15 at 9:18 pm to
Well I'm just curious if there's actual legal paperwork. I don't know how it stands up in court, but you get an actual signed document at 99designs.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 4/1/15 at 9:20 pm to
quote:

Pretty sure that their terms of service give the purchaser all legal rights to the logo, however, any artist can reserve those rights and charge extra for them - just has to be clearly communicated prior to starting the gig.

So let's say the design costs $5 and then they have another $5 cost for the rights. I haven't seen that much, but it is there in a few cases.



This
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 4/1/15 at 9:22 pm to
quote:

Well I'm just curious if there's actual legal paperwork. I don't know how it stands up in court, but you get an actual signed document at 99designs.



It would hold up just fine since both the artist and client have to agree to the TOS. I am sure 99designs is great but I am also sure they charge more than $5. A great logo doesn't take a skilled artist, just a creative person, so you can get one for $5. Look at the Nike logo.....
Posted by SCTmo
Des Moines
Member since Aug 2007
2863 posts
Posted on 4/1/15 at 9:23 pm to
No specific paperwork, though I'd imagine the lawsuit from an artist would be a non-starter based on the nature of the commissioned work. Of course I'm guessing the case law on suits over $5 logos is rather undeveloped at the moment so might just be projecting with my thoughts.
Posted by Oates Mustache
Member since Oct 2011
22083 posts
Posted on 4/1/15 at 9:24 pm to
No doubt, 99designs has a tiered system. To get a decent amount of attention, you have to spend around $300 or more.
Posted by Oates Mustache
Member since Oct 2011
22083 posts
Posted on 4/1/15 at 9:26 pm to
Well the concern is what happens if your business gets ridiculously popular, like a Coca-Cola or something similar and you find out you don't really own the rights to the logo?
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 4/1/15 at 9:28 pm to
I would start with 10 different designs from the top 10 Fiverr guys and then if I didn't get one I loved I would get a firm.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 4/1/15 at 9:29 pm to
quote:

Well the concern is what happens if your business gets ridiculously popular, like a Coca-Cola or something similar and you find out you don't really own the rights to the logo?



You can read if you own the rights in the Fiverr TOS, it explains that you do. All artists on there have to agree to the same thing.

ETA:

quote:

Ownership and limitations (Legal stuff, yach...)

Ownership and limitations: unless clearly stated otherwise in the Gig description text, when the work is delivered, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller and the seller waives any and all moral rights therein. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, the seller agrees that unless he indicated otherwise in the Gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer.

This post was edited on 4/1/15 at 9:31 pm
Posted by Oates Mustache
Member since Oct 2011
22083 posts
Posted on 4/2/15 at 10:01 am to
I read that bit Google about fiverr and ownership and it becomes less clear that you actually own the logo. Even 99designs document isn't necessarily secure.

That's what concerns me when in comparison, a logo firm will get you a notarized legal document that is rock solid.

Of course you're going to pay more than $5.
This post was edited on 4/2/15 at 10:02 am
Posted by Oates Mustache
Member since Oct 2011
22083 posts
Posted on 4/15/15 at 11:02 am to
Quick bump to see if you could recommend a logo designer, 480?
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