Designing a small business Logo is a critical step in a business' image and brand identity. An effective logo communicates the focus of the business and targets its market. The logo should be clear, easy to print on letterheads and other promotional items, and recognizable to your company.
Before finalizing your business logo, it's important to understand who will own the copyright to it because it's that person who is granted exclusive rights to the art. "Exclusive rights" means the owner of the copyright has the sole right to produce and reproduce the art. In other words, if you don't own your logo's art, you cannot take the image to print it on promotional items such as pens, pads of paper, or on advertisements.
When we discuss logos in terms of copyright, it is not the actual name of the small business that is being protected, but rather, the artistic element within the logo that is protected. In other words, two businesses could have the name 'Rock Your Soul' but each one would own the copyrights to their individual logo designs. Should another small business use your logo design, they would be infringing. A Trademark, on the other hand, could be used to protect the actual name of the Small business because it is associated with the identity of the small business.
As a general rule, the person or people who create the small business logo are the owners of the copyright. However, there are a number of exceptions where the creator of the work is not the owner of the copyright. These include a commissioned work, a work made in the context of employment, transfer of copyrights, and licensing of copyrights.
If you hire someone to make your small business' logo, then you, as the commissioning party, own the copyrights to the logo. When you are hiring someone for the purpose of making your logo, it is definitely advisable to have a contract that states you own the copyright.
Another instance where the logo might not belong to the artist who created it is if the small business logo was created during the course of employment. In this case, if it was part of the scope of your job to create the art (i.e. you work at a design firm that creates logos for businesses), you do not own the copyrights – the company that employs you does. To add another layer to this, if the company was commissioned by the small business to make the logo, then the small business would own the copyright to the logo, as discussed above.
In some cases, the owner of the small business logo may actually choose to transfer all or some of the rights afforded by copyright law. This would require a written agreement detailing which copyrights are being transferred for the logo.
Lastly, the copyright owner for the small business logo could be licensed out if the business chooses. This means you grant permission to someone else to use your logo for a specified cost. In this case, you would still retain all the copyrights (unlike when you transfer the rights to someone else) and can specify the terms of the license.
Disclaimer
The above information is meant as a general guide to further your copyright knowledge and does not constitute legal advice. For questions about your specific small business logo, you should consult a copyright lawyer in your country.
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Justine Shoolman is a Founder of Copyright Creators (CC), a service inspired by the shortfalls of "poor man's copyright". CC protects copyright for life with no membership or renewal fees. Visit CC today to receive 4 free registrations to protect copyright online.