This post is just a little primer on Logo Design Copyright, I’ll cover it in more detail in a forthcoming post.
The topic of Copyright seems to leave some folk quite baffled, but in actuality, the important basics are pretty straightforward.
Not to say copyright in general is straightforward, but it can be a nasty messy business when designs clash, ideas are borrowed etc.
The very action of designing something/anything unique means the creator has the copyright; an exception to this is if you copy, steal or plagiarise a design! On it’s most basic level, copyright of unique visual design is automatic, and originates with the designer.
Thus, any unique logo that I designed for a client will have automatically had copyright assigned to it, and to me.
Everyone of my unique logo designs and more detail brand identity projects, in my portfolio, started off with it’s copyright belonging to your’s truly.
I didn’t need to register it with any fancy office, I didn’t need to sign any documents, or use my blood to create an unbreakable moral seal.
One can help define Logo Design Copyright (ownership), by adding the immortal words: All Logo Designs © Copyright 2017 The Logo Smith, or something along those lines.
This simply helps advertise the fact you are claiming, staking your ownership, of anything that is appended with that text.
It’s a way of clarifying when a unique design was created, and who is taking ownership, in the case of a dispute: such as someone stealing, or simply accidentally coming up with a very similar design.
This is when blogging (then quickly submitting it to Google and Bing etc) about that cool new logo design, and submitting that logo to various popular online portfolios, all help define who and when something was created, and greatly aids in any possible copyright clash as they all provide times, dates and clarity on who was there with that design first.
Transferring Logo Design Copyright To My Client
Transferring any Logo Design Copyright is simple, and yet I see instances where clients are almost extorted out of further money in order to obtain full Logo Design Copyright of a unique design they have paid a designer to create.
I have covered this topic in a previous post: Logo Design Ownership: Make it Easy For Your Client To Own The Logo
As a freelance logo designer: it’s an obligation to ensure your client ends up owning the the copyright of the logo you have designed for them, and this includes any additional brand identity elements and visual assets etc.
The transfer of the existing copyright and ownership, as the creator, isn’t done automatically, and neither is it a ‘given’ when invoices are settled, and designer and client part ways.
It’s a process that has to be initiated by the designer, or suggested by the client.
Transfer Copyright And Ownership To The Client
In order to transfer existing ownership of the logo design, to your client, you simply sign a written statement/contract, that states you are transferring all ownership and copyright to the named party, in this case your client.
For example, I have a Transfer of Copyright form that I sign and send when the project is all completed, and not likely to be subject to any last minute changes.
Once you do this, you no longer have any claim to that design, so if you want to ensure you are safe to showcase the logo and brand identity visuals in your portfolio etc, that this is agreed before signing over ownership.
This is something that actually could be briefly covered in your Logo Design Proposal, so at least the client is made aware of how they can obtain full design copyrights and ownership before proceeding—I think I will a actually update my Logo Design Proposal Template to include this soon!
As previously mentioned, this is a super quick primer on the initial aspects of copyright in logo design, and it’s by far the end of the story.
However, it should be enough to give you some peace of mind that you don’t need to hire a lawyer to simply copyright your own logo design works, and that transfer of copyright and ownership is just as straight forward.
The real challenges come with: Trademarks, Registered Trademarks and aspects of supposed Copyright and Ownership of non-unique works, this is when epic battles are won and lost in the courtroom.
There are various online services, such as: http://www.copyrightservice.co.uk/ and http://www.uktrademarkregistration.co.uk/ that help you to register a particular copyright and/or trademark, but they are often subscribed/premium services that assist you in times of conflict, but they are not compulsory.
There is also a good article about Trademarks, which is well worth a read.
If a copyright/trademark conflict occurs, these services can help pin-point original ownership, and they can also provide legal advice and other services, but you’d still end up having to hire a lawyer in the worse case scenarios.
But if you want extra peace-of-mind, then it does no harm (other than your wallet) to use one of them.
MetaWritten by: Graham Smith:
1st Posted: 2014/06/18 & Post Updated: 2017/05/25
Filed In Categories: Tips & Advice
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