Title
Recommendation to Authorize the City Attorney to 1) Execute an Intellectual Property Transfer Agreement with Seth Hamlin, Assigning Intellectual Property Rights in the City's Anchor Logo and the Library Logo from Hamlin to the City in Exchange for the Payment of $100 to Hamlin, and 2) Seek Additional Intellectual Property Protections for Such Logos. (City Attorney 10023040)
Body
To: Honorable Mayor and Members of the City Council
From: Yibin Shen, City Attorney
EXECUTIVE SUMMARY
Since 2017, the City of Alameda (City) has widely used a logo of an anchor with a heart-shape at the top and another logo for the Alameda Free Library that shows two open books hovering above water (Logos). The Logos were commissioned from Seth Hamlin, a local graphic designer. Recently, staff discovered that no formal agreement for a transfer of ownership or assignment of the intellectual property rights in the Logos was ever made, which presents potential risk that Mr. Hamlin could seek to revoke the City's ability to continue using these Logos and seek royalties for past use. Notwithstanding Mr. Hamlin's assurance that he has no current intention to revoke or seek royalties, to remedy the above risks, the City Attorney's Office ("CAO"), with the assistance of outside intellectual property ("IP") special counsel, has negotiated an assignment agreement whereby Mr. Hamlin assigns IP rights associated with the Logos to the City in exchange for $100. Staff requests that the City Council authorize the City Attorney to 1) execute this IP assignment agreement, and 2) to identify and utilize any other means, including potentially seeking federal copyright protections, to further protect the City's intellectual property rights in the Logos.
BACKGROUND
In 2017, City staff commissioned the Logos from Seth Hamlin for no charge. Use of the Logos by the City was approved by then-City Manager Jill Keimach. City Council has not reviewed or granted approval of use of the Logos. Addit...
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