Logo Development by a volunteer for a nonprofit

[iamconfused]

We recently organized a new nonprofit organization.

A call went out to members to submit logo ideas. Two people submitted them. The one that all members liked was further developed based on ideas from the rest of the members. This logo is made out of CLIP ART owned by a website that gives nonprofit organizations permission to use the clipart. the other clip art is public domain clip art.

The logo was tweaked based on member input.

The person who submitted the idea and did the tweaking based on input left the organization. This person knew the logo was being used and materials were being ordered with this logo.

Three months have gone by and now a cease and decist has appeared from an attorney claiming this is an original work of art and the organization does not have the rights to use the logo.

The question is three fold:

1. if somebody volunteers time and effort towards a nonprofit organization and the persond decides to leave - do the results of the time and effort stay with the nonprofit or go with the person?

2. Clip art logos --- who owns them? it is our belief that the nonprofit NOR the person owns this logo that it is in fact owned by the person who developed the clip art in the logo. That person has given persmission to the nonprofit to use the clipart.

3. Is there anything to be said for the fact that the person was well aware of the use of this logo and waited three months to say anything knowing that the nonprofit was spending money on the items?

 

[Michael Wechsler]

1. It's not so easy to answer. I'd say that, unless they have reserved their rights, I'd tell the attorney to go prove it in court. Every other person who made a joint effort will testify as to the explicit terms as to the results of your collective efforts. But see #2.

2. The clip art is owned by the person who developed the clip art. I would be very careful using the logo with that piece of clip art and you should purchase it. The work any of you did would likely be a "derivative work" and you need to get the permission from the clip art owner before you do anything.

3. See above. Anyone can send a cease and desist letter from an attorney. It doesn't mean anything. Have the attorney explain to you every reason why his client owns what he claims. I doubt it will be substantial even if it may sound a little convincing. You are now equipped with some solid information. Best of luck to you.