Do you Own the Rights to Your Logo?
You might assume that you own the rights to your own logo. However, this is not always the case. In many situations, the person or company that creates your logo may actually own the copyright to it. This can come as a surprise to many people, but it’s important to understand the intricacies of copyright ownership to avoid potential legal issues and protect your brand.
The importance of copyright law:
In the UK, copyright law protects original creative works, including logos, from unauthorised use. Copyright protection automatically arises as soon as the creative work is fixed in a tangible form, such as being drawn on paper or saved as a digital file.
As a result, unless agreed otherwise, the person who creates your logo is the first owner of the copyright. This is important because the copyright owner has certain exclusive rights to the logo. These include the right to reproduce it, distribute copies of the work and create derivative works based on the original work.
An exception to this occurs when an employee creates the work. In this case the employer is typically the first owner of the copyright. There are some circumstances where this may not be the case. It is, therefore, important to seek legal advice if you are unsure.
The copyright owner has certain exclusive rights to the logo. These include the right to reproduce the work, distribute copies of the work, and create derivative works based on the original work.
Why might a designer or design firm own the copyright to your logo?
Well, it all comes down to how copyright law works. As discussed above, in most cases, the person who creates an original work is the owner of the copyright. This means that if a designer creates a logo for your business, they are the default owner of the copyright to that logo unless you have a written agreement stating otherwise.
This fact can come as a shock to many business owners. It is important to clarify ownership upfront when you’re having a logo designed. Without a clear understanding of copyright ownership, you may unknowingly infringe on someone else’s rights by using a logo that you don’t have permission to use. This can result in legal issues and damage to your brand’s reputation.
While it is relatively common for designers to include a provision in the contract specifying who will own the copyright in the logo, this is not always the case. Consequently, it is important that you do not make assumptions about the ownership of copyright. Do not make the mistake of assuming that because you paid for the design of your logo, it automatically belongs to you as this may well not be the case.
Clarify ownership:
To avoid these kinds of problems, it’s important to take steps to clarify copyright ownership when you’re having a logo designed. This starts with having a written agreement that specifies who owns the copyright to the logo and what rights you have to use it. You may need to negotiate with the designer or design firm to ensure that you have the rights you need to use the logo in the ways that you want.
Consequently, if you are hiring another person or company to create a logo for your organisation, make sure that you own the rights to the work that they do for you. To achieve this make sure that you have a written agreement that clearly states that the ownership of the copyright in the logo is assigned to your business. This will ensure that you have the legal right to the logo once the logo design work has been completed.
When to transfer ownership:
It is better to agree that the ownership of copyright will be transferred to you before you commission a third party to design it. This can be done through a written agreement (such as an assignation) that transfers the ownership of the copyright to you. It is normal for this agreement to come into force once you have paid the designer the agreed fee for their work. Ensuring that this agreement is in place before work is started can help avoid disputes after the logo has been created.
But what if your chosen designer won’t assign the copyright to you? In these circumstances, I would suggest that you use another designer, assuming that they have not already created the logo. If they have already created the logo then things can be much more complicated and you may not be able to obtain the rights. This is why it is so important to have an agreement in place before they start the work.
It’s also worth noting that copyright ownership isn’t just important for legal reasons. It’s also important for the long-term success of your business or brand. Your logo is a valuable asset that helps to distinguish your business from others in the market. If you don’t own the copyright to your logo, you may not be able to use it in the ways that you need to promote your brand effectively.
There are many nuances to the issue of copyright ownership. If in doubt it is always sensible to seek legal advice from an expert in the field.
Don’t assume you own the copyright:
While it is relatively common for designers to include a provision in the contract specifying who will own the copyright in the logo, this is not always the case. Consequently, it is important that you do not make assumptions about the ownership of copyright. Do not make the mistake of assuming that because you paid for the design of your logo, it automatically belongs to you as this may well not be the case.
Consequently, if you are hiring another person or company to create a logo for your organisation, it is important to have a written agreement that clearly states that the ownership of the copyright in the logo is assigned to you. This will ensure that you have the legal right to the logo once the logo design work has been completed.
In general, it is always better to agree that the ownership of copyright will be transferred to you before you commission a third party to design it. This can be done through a written agreement (an assignation) that transfers the ownership of the copyright to you (normally once you have paid the designer the agreed fee for their work). This can help avoid disputes after the logo has been designed and ensures that you will have the legal right to use the logo.
Summary.
The ownership of a logo is dependent on who created it and the specific agreements and contracts involved. As a business owner, it is crucial to understand logo ownership and ensure that the necessary steps are taken to obtain ownership rights.
There are a number of ways that this can be achieved. One is through the grant of a license to use the logo. It is, however, far better to have a written agreement transferring the ownership of the copyright in the logo to you.
Remember that it is always better to have an agreement in place before any work is undertaken to design your logo.
In conclusion, don’t assume that you automatically own the rights to your logo. Take the time to clarify ownership and protect your business. It’s always better to be safe than sorry! By doing so, businesses can protect their brand identity and avoid any legal issues related to logo ownership.