Copyright notice on a portfolio containing commercial illustration.

[GoggleBox]

I have finally, after many years of procrastination set up a web-site for my design and illustration studio.

I have two questions: -

1. Can I use a blanket copyright notice - i.e. "all images © 2003 GoggleBox Design. All Rights Reserved"
Technically I am not the copyright holder on some of the images (I'm particularly paranoid about the illustrations, that were contracted "work for hire". I don't think I hold any rights to the logo work I have done either)
Do I need to give specific copyright credit to the clients that hold the copyright?

2. Is it OK to use the images I created for clients in my portfolio, even after selling "all rights"?

Up to now, none of this has been an issue as my portfolio was a simply a folder of samples that I showed to potential clients. Now, with a web-site I am "publishing" my folio, which might change the rules a little.

Here is a link if you're interested in seeing the site and the context of my dilemma:

[V.Bleile]

If I had transferred "all rights" of an image to a customer, I would expect that left me with no rights to reproduce that image, even for my portfolio. I'm not a lawyer, and I hope for your sake my thoughts are wrong!

Make sure in the future you address this in contract form. Specifically reserving the right of use in portfolio, or state any other situation you might see yourself needing its use for. I've become a big believer in 'get it in writing', learning much of it after the fact, (the hard way)!

Anyway, if I were in your present situation, I would contact the owners and ask for their permission, just for my own peace of mind. My guess is the vast majority would say yes.

BTW, I looked at your site, you've done a lot of nice work!

Good luck,
Vicki

[GoggleBox]

Hmmmn... I was afraid that might be the answer.

However, believe it or not I don't think I ever actually signed a contract regarding the particular images I am worried about - though I am sure I should have:eek:
I did the illustrations for a third party who had purchased a license from a "very large & famously litigious" company whom I know would not like anything but a "work for hire" style of contract.
Because of that I'm not sure who actually owns the copyright on this stuff, the licensor, the licensee, or the artist. I don't think it matters though really because if the "large" company decides to take action, I'm not in a financial position to argue the point:D

I guess I should probably pull the pieces. After all, I have only included the images in the first place to show that I have done some "serious" work for some major clients. I have worked very hard to steer my illustration contracts away from that type of commercial stuff and more towards my own style, so I doubt if the images really need to be there.

[studiospace]

This is my understanding (I'm in Australia though) ...

Whether or not you can use images you created for clients depends on a couple of things. If you did it as an employee (ie. under a contract of service and not a contract for service) then they own the IP rights to the image. If not, you retain the copyright unless you transferred it in writing.

Cheers, Victor

[arlene]

Originally posted by GoggleBox
Hmmmn... I was afraid that might be the answer.

However, believe it or not I don't think I ever actually signed a contract regarding the particular images I am worried about - though I am sure I should have:eek:
I did the illustrations for a third party who had purchased a license from a "very large & famously litigious" company whom I know would not like anything but a "work for hire" style of contract.
Because of that I'm not sure who actually owns the copyright on this stuff, the licensor, the licensee, or the artist. I don't think it matters though really because if the "large" company decides to take action, I'm not in a financial position to argue the point:D

I guess I should probably pull the pieces. After all, I have only included the images in the first place to show that I have done some "serious" work for some major clients. I have worked very hard to steer my illustration contracts away from that type of commercial stuff and more towards my own style, so I doubt if the images really need to be there.

if you copied for ex. disney images for a third party person without disney's permission, then you both are in copyright infringement.

if however you designed a new character for say nickelodeon, and it was sold through a middleman and you had no contract, then you still own all rights.

now if you did work for a company that is generic and had no contract, you still own all copyrights.

get yourself a copy of the Graphic Artist's Guild handbook and use that as your future guide.

[jefuchs]

I'm not an expert on copyright laws, and I don't want to steer you wrong, but I do have one opinion to share:

I've seen many artists' websites that plaster copyright warnings all over the place, including watermarked over each piece of artwork. This legal paranoia is so distracting that you can't enjoy the art. Ironically, the worst offenders are artists whose work is so bad that no one would want to use it anyway (apparently, they think they're Rembrandts). The more professional artists add a small copyright warning to the bottom of the page.

Don't give potential clients the impression that you'll sue them at the drop of a hat. It's very off-putting.