1099 Employee does some sketches for you

[Shaun @ Tru6]

Employee is general helper, summer job, in art school.

how do you ensure you own the artwork?

These will be car design sketches.

[matthewb0051]

It should be listed in his employment contract as part of his duties.

[Baz]

Bill of sale?

[JD159]

Ya, in the contract somewhere, but you might want to build something in the allows him/her to use it as part of a portfolio.

[Seahawk]

We make our 1099's sign an agreement that specifies who owns what.

We also have them sign a confidentiality agreement which I think is equally important.

I can send email yo copies of both if you'd like.

[1990C4S]

Look up 'work for hire'.

Legalities 4: What is Work Made For Hire? | Owen, Wickersham & Erickson, P.C.

[Shaun @ Tru6]

Thanks everyone, appreciate the input. Paul, I'll send you a PM.

[stomachmonkey]

Yes, part of the terms of employment.

Absent an agreement that assigns rights they are almost always held by the creator regardless of whether or not the creator was paid to create them.

Like your photos.

Unless you have an agreement with the photog, the photographer owns them.

[Shaun @ Tru6]

Thanks Scott. yeah, these were a pretty penny.

[Don Plumley]

For our wine labels, even though there is a strict work for hire arrangement, I have the graphic artist sign a simple copyright assignment. This enables us to create derivative works and so forth without any potential future question. As example, there is a court case where an artist created a wine label, the label became well known, and the artist successfully collected royalties on T-shirts, coasters, and other "non-label" derivatives. I can send you a sample if you like.

[Shaun @ Tru6]

Thank you Don, appreciate it, I'll send you an email now.

[Gogar]

+1

"Work for Hire" contract.

[flipper35]

Originally Posted by Seahawk

We make our 1099's sign an agreement that specifies who owns what.

We also have them sign a confidentiality agreement which I think is equally important.

I can send email yo copies of both if you'd like.

This is also how my wife handled all the video and artwork for the City of Holtville when she did the tourism stuff there. It was all theirs when she was done.

[john70t]

I dunno.
I'm totally on the side of 'pay-for-play side.'
I think spontaneous employees should share in the scraps of resultant riches.
This generosity attracts more eager employees/contractors/participants.
Think of YouTube.

I think every contract should include gross profit attributed to sales of such.
Like 1%.
1% of a trillion new income dollars is nothing to lose.

If they don't follow up within a timeframe it gets reduced by 'x', until it's null.

[wdfifteen]

Originally Posted by Shaun @ Tru6

Employee is general helper, summer job, in art school.

how do you ensure you own the artwork?

.

Probably impossible. Google "artist Richard Prince."
In one of his lawsuits he actually argued that putting someone else's photograph in an art gallery "transformed" it and therefor Prince was entitled to the $million proceeds from the sale of the photo.

[Gogar]

That's got nothing to do with something like this.

A standard work for hire contract is simple, easy to understand, fair, and removes ambiguity. Ambiguity in intellectual property rights is bad.