Who own copyright of a design when a project is done on a volunteer basis without any written agreement? Designer or Client?

You note: Because the design involves illustration that I created, my intention to retain the right is to keep my design as is the original form that I delivered to them. I want them to get my permission before making adaptations based on my work so that I can control how far my design will be modified. It may sound weird to you, but which creator would like their designs being revised without getting their permission?

Response: Not weird at all. It has long been appreciated that an artist has emotional and reputational connections with the works that he or she creates. It's just that, with a few exceptions for paintings, there are no legal tools (in the US) to protect those authorial connections from harm -- especially if harmed by the person who owns the work that was created. In short, copyright law incentivises the creation of works and then protects those works from infringement -- but does not protect the creator from getting his or her feelings or reputation hurt if the physical copy of the work is subsequently altered or destroyed. The owner of the work can do with it whatever he or she likes.

A technical point needs to be made however: assuming that you licensed your work to the hospital you may NOT have licensed to the hospital the right to make a "derivative work" from the work you provided to them. A "derivative work" is copyright lingo for, in this case, a work created by altering your work. How far your design can be modified by the hospital (as you frame the issue) can only be determined by evaluating the scope of the license that you granted to the hospital -- which would require testimony as to what was said before, during, and after you created the work and before, during, and after you provide the work to the hospital. All of which is overkill if this design is simply a nifty design as used on a postcard. I suggest that you let this go. And learn from this that if you want to control how your works will be used by others that you need to sit down and write up an agreement with whomever you're giving or selling the work.

I'm confused. You describe your role as "volunteer graphic designer," so what did you think the organization had the right to do with the graphics you produced? Was it your intention to retain all copyright rights and not assign your work so that the organization had to ask your permission and/or pay for your graphic designs? Did you think you were you only committing to creating designs for 8 hours a week that they couldn't use unless you gave permission?

Without reviewing the document you signed, it seems the only way to interpret the document and your job there would be to consider your work prepared within the scope of your employment and owned by the organization.

You may want to look up the word "volunteer" in the dictionary.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Za-zing. As our politicians say, I associate myself with the remarks made by my colleague. But for a different reason.

I'm not all sure that the copyright in whatever it is that you created belongs to the hospital under the work for hire doctrine. In fact, I doubt it. However, you have very clearly -- to my mind -- granted to the hospital a license to use whatever you've created. That license is quite likely exclusive (only the hospital can use it), perpetual, and free. I'm not even sure that you can make use of the design if you wanted to -- because that would invade the exclusive license you granted to the hospital. I should note that licenses can be, of course, created verbally and/or by conduct.

My bottom line: revel in the fact that the hospital thought so highly of your work that it decided to use it for a postcard. Congrats, you're a published author. Now be done with it.

FYI - The Copyright Act does not define the terms "employee" or "scope of employment" in the section dealing with the work for hire doctrine -- which states that the copyright to works created by employees w/in the scope of their employment are owned by the employer.

When faced with the issue, the Supreme Court looked to the general common law of agency for guidance. It held that a multi-factor balancing test was required to determine if a work was produced for hire by an employee or was produced by an independent contractor. See Community for Creative Non-Violence v. Reid, 490 U.S. 730, 751. The Court determined that at least 13 factor were relevant:

the hiring party's right to control the manner and means by which the product is accomplished,
the skill required;
the source of the instrumentalities and tools;
the location of the work;
the duration of the relationship between the parties;
whether the hiring party has the right to assign additional projects to the hired party;
the extent of the hired party's discretion over when and how long to work;
the method of payment;
the hired party's role in hiring and paying assistants;
whether the work is part of the regular business of the hiring party;
whether the hiring party is in business;
the provision of employee benefits;
and the tax treatment of the hired party.

I don't know how those factors play out in your situation. If you conclude you're not an employee under these factors then you own the copyright in whatever it is that you created -- which means you can register that copyright with the Copyright Office. As noted, however, attached to your ownership of the copyright is the license you granted to the hospital.

Thank you very much for your advice. I am totally happy to work for the organization for free and I have never expected getting paid from them at all. The organization certainly has the rights to display and reproduce my works as much as they like. I am just surprised to know that they can modify my design without even notifying me. Because the design involves illustration that I created, my intention to retain the right is to keep my design as is the original form that I delivered to them. I want them to get my permission before making adaptations based on my work so that I can control how far my design will be modified. It may sound weird to you, but which creator would like their designs being revised without getting their permission?

The document I signed is just a regular volunteer application form for filling out personal contact information and available period for services. And there is sentence: ”I understand that all my services are on a volunteer basis. I agree to comply with the regulations of xx Health Care Center.” before the signature space.

Dear Daniel,

I really appreciate your valuable advices. I didn't initiate a contract as other graphic designers do because I thought the work can be done on a trust basis when it comes to volunteer projects. Well, lesson well learned. Thanks again.