Full question:
I am currently a 45% owner of a small, closely-held LLC. I have one partner who owns the other 55%. We produce and publish Scripture study materials domestically and abroad. At present we are considering dissolution due to differences in how the organization should move forward. My question concerns the graphic artwork that I have produced over the course of our partnership. I designed and created the logo, book covers, banners, posters, illustrations, etc... Now neither of us took a salary or any compensation for work/services. The only compensation has been in the way of owner draws against our estimated profit for the year. So upon dissolution, does the LLC own the work, do I own the work personally, or what?
- Category: Copyrights
- Date:
- State: Tennessee
Answer:
Copyright protects original works of authorship, including graphic artwork like logos and illustrations. Generally, the creator of a work owns the copyright unless it is classified as a 'work made for hire.' In your case, since you created the artwork, you likely own the copyright unless there is an agreement stating otherwise.
A 'work made for hire' occurs when an employee creates a work within the scope of their employment or when a work is specially commissioned and both parties agree in writing that it is a work made for hire. Since you did not receive a salary or formal compensation, it is less likely that your artwork would be classified as a work made for hire.
If you and your partner have not agreed otherwise in writing, you should retain ownership of the copyright to the artwork you created. However, the LLC may have rights to use that artwork in its business operations. It's advisable to consult with a legal professional for specific guidance based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.