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Looking for some advice on copyright issues.
Hi there
I just designed a logo etc for a plumbing and heating company and fitted it all to his van and now he wants the same on his stationary and business cards.He has asked me about the copyright of it. This was his question to me-
‘how do i copyright this design?’
I was up Mount Snowdon when he rang and asked me, so i said ‘let me get back to you on that’
Can somebody explain to me exactly how the copyright works with designs you do for customers as i don’t have a lot of experience with this. I seem to work at 100 mph and never stop to consider it.
I think he’s worried about somebody copying his identity, i really don’t think he has anything to worry about but just want to know what i should say to him so i sound like i know what i’m talking about.
If anybody could give me some advice on this i’d be most grateful.
thank you
Liam
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5 Replies
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Any design that you create is automatically copyrighted. As to who owns the copyright to the logo – well that’s up to you. Either you own the rights or they pass to your customer when they purchase the design from you.
The best way to protect a corporate logo/name/slogan is to register it as a trademark. The fees are different for UK, EU and worldwide trademarks but I think the UK only costs about £150ish. You will have to make sure that your design is unlike anyone elses, otherwise the trademark will be refused and you will lose the application fee. You can do a search for similar trademarks before you apply, but there is a fee for this also.
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Hi Liam as you created the logo you own the copyright unless you pass the ownership to your customer. Copyright is automatic but should be marked with a c in a circle to show this although it is not a legal requirement. Remember someone saying email your design to yourself as this will give proof of date of design.
Steve
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As Owen has said – what he really want to do is apply for a registered name or go so far as a trademark.
This will protect (in varying degrees) the business NAME, the design element (including fonts and colour combination).
Basically it’s to prevent a ‘derived artwork’ or one company passing themselves off as another by having ‘confusion’.
The actual copyright belongs to the artwork originator OR if bought / transferred the company using it.
My parent company has some experience of the above.
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Thank you everyone for your great advice as usual. Really this guy is a one man band, i think he’s making a fuss over nothing to be honest. I wanted to be able to answer his question confidently, so thanks for your help.
Liam
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I never pass copyright to any customer.
As the copyright always remains with the originator, nothing beyond a dated ©
is required on any artwork.
You can pass "limited use" copyright to the customer for sole use on a vehicle and or stationery etc. You can specify how many vehicles and an address if a shopfront.
This protects you from losing out should a business develop to a point of getting a fleet of vehicles or creating branches nationwide.
If nothing is done beyond the copyright marking, then an implied use is given for the job just completed.
You also have "moral rights" under copyright where you can object if your designed is used or changed in a manner to which you object.As well as copyright, your artwork would auotmatically create an "unregistered design". This lasts for 10 years initially, 15 years max.
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