Policies

Custom Exclusive Rights on Artwork and/or Designs


What does exclusive rights mean to you as a client of custom, exclusive artwork and/or design ?
What may Cuddle Creek® LLC as the copyright holder of said artwork and/or design continue to do with custom, exclusive artwork and/or design ?

As taken from http://www.unc.edu

Exclusive Rights
A. Reproduction - The copyright owner (cuddlecreek.com) has the exclusive right to reproduce the copyrighted work or to authorize its reproduction.
1. Reproduction is actually producing books from literary words, phonorecords from sound recordings, etc.

2. The Act covers reproduction in any form, printing, microform, etc.

3. In the case of a literary work, this is the right usually granted to a publisher along with the right to distribute copies.

B. Distribution - The copyright owner (cuddlecreek.com) has the exclusive right to distribute to the public copies or phonorecords of the copyrighted work by sale or other transfer of ownership or by rental, lease or lending.
1. The owner of a copyright (cuddlecreek.com) has the right to give away, sell, or withhold any material embodiment of his or her work.

2. In essence, this is the right to control publication of a work because publication without distribution of copies is meaningless.

C. Adaptation - The holder of a copyright (cuddlecreek.com) has the exclusive right to prepare derivative works based on the original work.
1. Under the adaptation right, the copyright owner (cuddlecreek.com) may prevent any unauthorized translation, musical arrangement, dramatization, etc.
2. A translation of the work into any language without the consent of the copyright owner (cuddlecreek.com) is an infringement of that copyright.
3. The adaptation right is a means of prohibiting any unauthorized changes in the work and is especially helpful in case of musical arrangements.

What does this mean to you -

Although you have made a purchase for custom artwork and/or design, you are purchasing the license to use the artwork and/or design, not the artwork and/or design itself.
In those fees paid initially, you are hiring the artist and/or designer and are in essence paying for the artists time in creation of the artwork and/or design.

You may not reproduce or sell the artwork and/or design to any other party without expressed written consent in a legal document from the copyright holder (cuddlecreek.com).

As an example -

Should you wish to place artwork on items to sell for profit such as t-shirts, mugs, greeting cards, hats, etc - the copyright holder (cuddlecreek.com) is entitled to refuse your request and/or agree and receive royalties of each sale.
Unless other arrangements have been made, in which case you would be required to sign a legal agreement document.


Another example would be -

Should you wish to use the artwork in projects not initially agreed upon at the time of purchasing the license, such as commercials, other novelty items, furnishings, media, etc.
The copyright owner (cuddlecreek.com) is entitled to approve or disapprove all projects, and again is also entitled to receive royalties from all projects.

The only time the copyright owner (cuddlecreek.com) would not be able to resell, or reproduce the artwork and/or design, is if you, the client were to request to purchase the copyright ownership from Cuddle Creek® LLC.
And it is our standard policy not to sell our copyrights of original artwork.
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