A Florida artist is suing medical facility Mercedes Medical LLC for copyright infringement.
The artist, Caleb Prochnow, states in his law suit that in 2005, he created original pictorial illustrations of a cartoon hippopotamus, who is now immediately recognizable and referred to by Mercedes Medical as “Henry the Histo-Potamus”.
After a four-year arrangement for limited use as an illustration on Mercedes calendars, the medical facility asked for expanded use of the Henry images in return for royalty payments. Prochnow now claims the use has indeed extended, but no royalties have been paid for his rights copyrights.
For artist, designers and creators, it is highly recommended to always clearly stipulate what use you actually consent to. This way you won’t get in trouble when the use expands in nature, territory, time or extent.
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