Members Jack Q Posted September 24, 2009 Members Posted September 24, 2009 I’m creating a logo for my band and my longtime girlfriend happens to be a talented, professional graphic designer who would very much like to help with the design. Usually, I would NEVER mix my business with my girlfriend/personal life, as I would never want to create any sort of conflict of interest. HOWEVER, I can’t turn down this opportunity to get help from someone who I know can do a good job and I can work closely with. My question is this: I plan on using the logo on my website, stickers, t-shirt, etc—things I plan on making MONEY with. My girlfriend says she will do the logo for FREE, as she could never charge me. What would be the best way to proceed with this? I would rather not constantly pay a percentage to her for any potential money made off anything that has the logo, but she also refuses to charge me to create the logo in the first place. I love my girlfriend and don’t predict we will ever break-up, but I just want to cover myself in the future in every way possible. Would really appreciate any suggestions.
Members Poker99 Posted September 24, 2009 Members Posted September 24, 2009 So, you plan on making how many millions of dollars with your girlfriend-made logo?
Members Jack Q Posted September 24, 2009 Author Members Posted September 24, 2009 Not millions, Hundreds of millions;)
Moderators daddymack Posted September 24, 2009 Moderators Posted September 24, 2009 get it in writing that she relinquished all rights to her work...and get that notarized and put it in a safe deposit box ...because hell hath no fury like an ex-girlfriend...
Members soundwave106 Posted September 24, 2009 Members Posted September 24, 2009 Get it in writing, basically. Review this web page on "work made for hire" (and others that I don't have time to look up ). Without further review, it looks like that the situation this falls closest to is an independent contractor making a "commissioned" "work for hire" (for free ) as part of a collective work.
Members Kramerguy Posted September 24, 2009 Members Posted September 24, 2009 in every case, of anything, there's only one solution, regardless of what the problem is: The girlfriend/wife/SO. Dump her. Move on. :poke:
Members RickGoetz Posted September 25, 2009 Members Posted September 25, 2009 get it in writing that she relinquished all rights to her work...and get that notarized and put it in a safe deposit box ...because hell hath no fury like an ex-girlfriend... Woof. A Logo Pre-Nup. Good luck man...
Members espec10001 Posted September 25, 2009 Members Posted September 25, 2009 This just screams bad idea
Members d1rtynyc Posted September 25, 2009 Members Posted September 25, 2009 If she wants no money, that is sweet. BUT you should pay her $1 and get a contract for ownership of the logo. The $1 just signals that the logo was paid for and the contract confirms it. If she tweaks out and wants money later, too bad. Contract signed. You cant mess with the law. I bought 1/2 of a record store for $10 in the 90's. Contract signed.
Members Tom Siegel Posted September 25, 2009 Members Posted September 25, 2009 I would pay her something. If she is insisting on not charging you than tell her simply that you want to get the job done by the most qualified professional and you think that is her. Possibly you can work out some kind of discount or something. Then do what you would do with any designer and GET IT IN WRITING!. This shouldn't be seen as an insult. Everything that is done for your band (a/k/a business) has to be done officially. As we all know mixing business and personal can be messy. But it doesn't have to be. Make a big deal about keeping it above board.
Members Wolfgang2049 Posted September 26, 2009 Members Posted September 26, 2009 I wouldn't pay her a thing. Give her a hug, a kiss, whatever. Tell her thanks, then make her sign something stating that you or your company own the art.
Members VSpaceBoy Posted September 26, 2009 Members Posted September 26, 2009 I wouldn't worry about it. All you need is a little something that says that she's doing it for free bc she loves you. I would ask her to email you the logo so you can send it to other ppl for review. When she does, respond to her email saying " I'm so pleased that you are contributing to the success of the band, and all this greatness for nothing what so ever in return" and then just save whatever it is that she sends back in and agreement. Thats all you'll ever need to CYA. the court system will not need to see a signed notorized document to make any sort of judgement on it with some emails.
Members boxorox Posted September 26, 2009 Members Posted September 26, 2009 It's not about US, honey. It's about band business. Blah-blah professional business practices, blah-blah releases, blah-blah taxes, blah-blah. We really respect what you do and want you to get the credit you deserve, and be able to use it in your portfolio. Since we'll be holding the copyright... so just sign here... and here...
Members Kojak Posted September 27, 2009 Members Posted September 27, 2009 this could backfire on you in so many ways... when it goes sour, guaranteed you'll have that one thrown back in your/the band's face. For the sake of a few bux is it really worth compromising your relationship? Maybe get a few basic ideas from her, then take those to a pro and get it done that way. That way, every one's a winner. anyway be careful, and if you can't do that, at least wear a condom! GOOD LUCK!
Members Dthraco Posted September 28, 2009 Members Posted September 28, 2009 Just the fact that you are asking this here tells me that you don't need to worry about it. She wants to help you with a cool logo, great! Tell people she helped you and leave it at that. If you and her break up later, it doesn't really matter. The odds that you will make enough money for it to be worthy of a law suit are worse than being sruck by lightning. That is, you will probably be struck by lightning before you get rich from playing music. So, there will not be a real reason for her to sue you because she will not get any money. If you knew how to make money at music, you wouldn't be asking this here.
Members Blackwatch Posted September 29, 2009 Members Posted September 29, 2009 So your girlfriend unselfishly offers her services to you and all you can think about is how you don't want her to get a dime off of the design she does for you. She really found a catch in you.......
Members Johnny-Boy Posted September 29, 2009 Members Posted September 29, 2009 Marry her, then there won't be any money concerns. She'll get all of it. Simple solution from a simple mind. John
Members John H. Power Posted October 3, 2009 Members Posted October 3, 2009 If she is giving you the logo as a gift you will owe her no consideration for use of it. If your girlfriend gives you a nice LP or Strat and you make a lot of money with it do you owe her anything? No. It was a gift.
Members 3shiftgtr Posted October 4, 2009 Members Posted October 4, 2009 Everyone here is soooo paranoid, and doesn't seem to know the law. If you offer her payment, and she refuses, it is legally considered a gift. If all the guys in the band thank her sooo much for her work and tell her how much they appreciate the creative gift, and she says "awww, y'all are soooo sweet", then it is a gift and is recognized as a gift by the giver and receiver(s) of the gift: LEGALLY. Getting it on paper is not needed as long as you and all the guys thank her and recognize her contribution as a gift. She is not entitled to any recompensation when a recognized gift is given. This is done in the advertising business all the time. All you need to do is make sure she recognizes it as a gift. A thank you note signed by the band isn't a bad idea. So when your band hits the huge time, and her work is as important to your band's identity as the Stone's 'mouth logo', you'll be morally entitled to cut her a check, but not legally. So, let her do it. Gifts are good karma, or whatever. Plus they are free and in your case, come whit a little sumpin' sumpin' on the side. (sorry, I couldn't resist).
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