Attorney, I made my own design for the table of contents of our portfolio, and I had it printed by my classmate. He had me print it but what he did was he printed 50 pieces to sell my own design to others without my consent. Is what he did right and what
Lawyer Answers
mohammad mehdi ghanbari
Based on the situation you've described, what your classmate did is a violation of your rights under intellectual property law. Your design is your intellectual property, and you have exclusive rights to it.
Your Exclusive Rights
As the creator of the design, you are the copyright owner. This ownership gives you specific, exclusive rights, including:
The Right to Reproduce: Only you have the right to make copies of your design.
The Right to Distribute: You control how and when copies of your work are distributed to the public, including by selling them.
The Right to Create Derivative Works: You have the sole right to create new works based on your original design.
By printing 50 copies of your design and selling them, your classmate has infringed on your exclusive rights to reproduce and distribute your work.
What You Can Do
You have several options to address this situation. Your suggestion to get a percentage of the income is a valid starting point for negotiation. Here are some steps you can take:
Negotiate a Resolution: You can approach your classmate and formally propose a profit-sharing agreement. This would essentially be a licensing arrangement where you grant permission to sell your design in exchange for a royalty or a percentage of the revenue.
Send a Formal Demand: If negotiations fail, you can send a formal written demand to your classmate. This letter should state that you are the owner of the design, that they are infringing on your copyright, and that they must immediately stop selling the design and provide you with all the profits they have made.
Seek Legal Action: If your classmate continues to sell your design without your consent, you can pursue legal action. This can include filing a civil lawsuit to recover damages and to get a court order (an injunction) to stop them from selling your design. Copyright infringement can also have criminal penalties, including fines and imprisonment.
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