| For starters, just because you have paid the artists | | | | not a requirement but again, this makes it known to |
| to make you a unique design does not mean that | | | | others that you have a copyright on file and that |
| you actually own the design - you haven't (yet) | | | | others cannot use your copyrighted design without |
| purchased the rights to the design - you've only paid | | | | your permission. |
| for work performed; kind of like a license. What you | | | | But back to the question of hiring an artist to do |
| want is to own the copyright to the design, so | | | | work for you. An artist working on as an |
| ensure that you have also including this language in | | | | independent contractor (i.e., not your employee) does |
| your contract with the artist - and yes, get a | | | | by default retain ownership of the copyright unless |
| contract, particularly in this area. It doesn't have to | | | | the copyright is transferred, and this transfer must |
| be anything fancy, and you can do this yourself, but | | | | be in writing. On the other hand, if your employee |
| just ensure that the language states that you also | | | | produces the design, then you as the employer own |
| own the copyright to the design created. | | | | the copyright. |
| A copyright protects artists, authors, composers and | | | | As to damages, in the event you have to sue |
| creators of 'works of art' involving published or | | | | someone over infringing on your copyright, first of all |
| printed materials from unauthorized publication of | | | | it's not an easy process tracking down people who |
| their works without their permission. The copyright | | | | may be using your design, particularly in the T-Shirt |
| process is actually much simpler than a patent and | | | | industry, then hiring an attorney to pursue them, but |
| only costs $30 in processing fees. The copyright is | | | | if you do decide to sue, then if you have registered |
| actually created from the moment the work is done. | | | | your copyright before the infringement occurs, then |
| And there's not necessarily any requirement for | | | | you damages potential is higher (statutory damages) |
| actually filing the paperwork - but it does make it | | | | and recovery of attorneys fees are possible. If you |
| much simpler to sue anyone using your design | | | | did not register your design prior to the infringement, |
| without your permission. You could still sue and | | | | then your damages are limited to actual damages |
| perhaps win without having the copyright filing, but | | | | only (i.e., the money you lost because of the |
| you would have to otherwise prove that you came | | | | infringement). |
| up with the design first and establish that date. The | | | | This is of course just a primer on what can be a |
| copyright filing establishes the public record of your | | | | grey area of the law but you can find out more |
| copyright, so it makes it a whole lot easier to prevail | | | | information at the government's website at |
| in the event you took someone to court. | | | | copyright. |
| As to the little copyright symbol © - that's also | | | | |