質問
I want to get a logo created from a freelance designer. At this moment he is not aware of the actual client/website for which he has to create the logo. I am the go between that will get the work done for this client. Once the logo is created and it goes live can the freelancer claim IP rights for that logo? What steps should be followed before assigning this work to him so that not to face any trouble later?
回答: 2 公開 & 0 非公開
Draft a contract which effectively states what he is to do, that is, design a particular logo per your design objectives, and also include a clause which clearly states that he has no rights to the logo that he creates in accordance with your specifications. In law school, we always studied cases where party A understood one thing whereas party B understood another thing, and it always came down to the fact that if they had had a written contract specifically stating what the contract was, they never would have wound up in court.
This is the kind of thing a work-for-hire contract addresses specifically. It will/should include a term indicating that the freelancer assigns all intellectual property rights to the contracting entity. If you are working from a freelancing site, check out the terms of service. For instance, Fiverr includes the assignment by default in the terms of service. For confidence, you might confirm this with the freelancer so that you don't get in a conflict anyway.
Fiverr FAQ: "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. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Gig. For more information of ownership of materials, please see our Terms of Service “Ownership” section here."
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