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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78227
Experience:  Qualified Solicitor
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I am a sculptor who has gifted works to the local community

Customer Question

I am a sculptor who has gifted works to the local community at no cost to the public purse, these works consist of carved figures and marker posts placed in a public park with the agreement of the local authority and are owned by that authority.
JA: Where are you? It matters because laws vary by location.
Customer: I am a sculptor who has gifted works to the local community, consist of wooden carved marker posts placed in a public park. The L,A. has uprooted these posts and have used them without consultation in situations that not part of the original concept. Have I any rights in this?
JA: What steps have you taken so far?
Customer: I have had discussions with the LA who seem deaf to the idea that I have any rights in the matter
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I believe I have the right to consultation as to how these works are displayed
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 19 days ago.

I understand your query relates to a LA using your art/wood posts for purposes not previously agreed by you. What reason have they provided for doing this and how exactly are they using the posts?

Expert:  Ben Jones replied 19 days ago.

Hello, I was wondering if you have had a chance to consider my initial query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 18 days ago.

Without the requested information, I can only provide you with some general information on this topic. Hopefully, it will still be useful to you. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

As the original creator of the works you would have been their copyright owner and would have had legal copyright over them. Therefore, you would have had the right to decide how they are used, together with who is allowed to use them and under what circumstances.

If you granted a licence for their use to a third party, you could have done so on specific conditions. Therefore, if they then breach these conditions, you an argue that their licence to use the works would be suspended or withheld, meaning that they can no longer use your works without further consent.

Whilst you cannot stop them from doing so now, you can consider going to court if necessary and seeking an injunction to order they no longer use them and/or make a claim for compensation for damages for breach of copyright.

Expert:  Ben Jones replied 18 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 18 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.