Creative Work Licensing

Artists and designers may have a good understanding of Copyright and Design Rights but when it comes to exploiting the commercial applications then they need further advice. As a licensor you may worry that your customer will take the concept, as there is no copyright in an idea alone and run with it themselves. Before imparting information obtain a non-disclosure agreement or both sign a confidentiality letter.

Secrecy, confidentiality and non-disclosure are key elements of Intellectual Asset Protection

The Greeting Card Manufacturers Association have some useful advice for designers but if in doubt consult a solicitor at an early stage of negotiations.
‘Take for example an artist who designs greeting cards. The card manufacturer’s terms state that it takes an assignment (ownership) of all copyright in the artworks created specifically for it. However this does not necessarily give it rights in the character that appears on the cards itself. The card manufacturer is able to use the artwork supplied to it but if the artist wanted to exploit the character elsewhere then there is little that could be done to stop him. If the character goes on to become successful as a television cartoon character, then the card manufacturer will be kicking itself. But this could have been easily avoided if the contract stated that the card manufacturer owned the trade mark rights or the copyright in the character or else imposed a restriction on the artist using the same character for others.’ read more at GCA or check with your own association or trade body.