Is it okay to attempt to retract pro bono work?

I am a member of a non-profit organization that has used a logo that was designed pro bono by one of our members for several years. Very recently, this designer has had a falling out with some of the organization’s members that was purely personal and had nothing to do with the work. He is now asking us to remove his logo from all of our materials and not to use it in the future.

Are we obliged to follow his request? It seems to me that he donated his time and expertise (for which we’re very grateful) at a time when he had no expectation of eventually wanting us to stop using it. He still uses the logo and designs on his personal portfolio site, including a picture of an active member wearing a shirt with the logo on it. I think of this as a parallel: If I make a cash donation to an organization, I can’t later ask for a refund, nor can I expect both a refund and a tax deduction.

Answer

I Am Not A Lawyer, but:

He donated intellectual property. He allowed the company to use a design, and did not ask for compensation. While he may not have given the copyright to the company in writing, if the company has adopted it as their identity, and he donated the logo with the intention of allowing the company to do exactly that, I think the “common law” effect is that he turned over the copyright.

I’d ask a copyright lawyer, though. If the company had used someone else’s trademark in their logo, they couldn’t keep using it just because it had become associated with them.

Attribution
Source : Link , Question Author : Wes , Answer Author : Lauren-Clear-Monica-Ipsum

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