Ownership of Logo Copyright assures all the privileges of use. But who held the possession is not clear to many. The graphic designer owns the logo’s copyright unless they agree to pass on the ownership after payment.
Key points
- Copyright Act is For Original Work
- The Copyright Act 1968 (Cth) and court rulings set primary guidelines and laws for protecting original artwork in Australia.
- Unauthorised logo use may infringe copyright and trade mark rights, passing off laws and consumer protection laws.
- We recommend legal counselling to know how the law applies in a twisted scenario.
So, who owns the copyright of a logo?
The organisation or person using the logo usually holds the copyright.
The other scenario where the creators do not possess the copyright are:
When an employee creates the logo during employment
The employer owns the copyright in a work that an employee has generated while doing their duties. Freelancers, independent contractors, and volunteers can claim their rights if no formal agreement is made.
When a commissioning agreement gives ownership to them
Generally, in a reputed logo design company in Melbourne, the logo’s copyright will be immediately delegated to the client after payment. A written assignment that the ownership of the copyright signs is required for it to be legally binding.
When the logo is created for or first published by the government
Governments, including the Commonwealth and States and Territories, own the copyright to any work produced under their supervision or control or created or first published by them.
Local governments are exempt from this rule. The creator may own the copyright if the government body is not from State, Commonwealth, and Territory. However, in most instances, the user will have substantial control over how the logo is used, and the creator’s rights will be restricted. There may be more than one creator and copyright owner in some circumstances. The copyright owner could be a business, like a graphic design firm.
When Do You Not Own the Logo Copyrights?
For copyright purposes, a person who gives ideas for a logo but does not actually create and draw it is typically not considered a creator and does not, therefore, own the copyright.
Similarly, for copyright purposes, an individual who only sketches out an image that has already been turned into a finished logo by someone else is not considered the author.
Rights of a copyright owner
Owners of copyrights possess certain distinct rights. The scope of these rights varies based on the type of copyright content.
Owners of copyright in creative work, including logos, are entitled to:
- Duplicate (including digitally replicating and allowing copies of the work to be published);
- Publish the work (so that it is first available to the public);
- Share the work with the public (including by electronic means, such as Broadcasting, sending it by email or fax, or posting it online).
The copyright owner’s rights can be purchased, sold, or licensed. A “permit” is described as granted when a copyright owner offers a third party consent to publish their work.
When Does Copyright Infringement Happen?
It is illegal to replicate a logo that is copyright protected without the owner’s consent.
A copyright issue is probably present if you can compare two logos side by side and spot key components that have been duplicated.
Regarding the incidental filming of an artistic endeavour, there is a disclaimer.
However, Under Australian law, it is not an infringement if a creative work—such as a logo—is used in a movie but is only “incidental” to the primary plot.
Is Trademark Different from Copyright?
A systematic system of registration for marks like names, logos, and other distinguishing features of a product or packaging is provided by the Trade Marks Act of 1995 (Cth).
A logo could be both trademarked and subject to copyright protection. You may violate copyright and trademark rights if the logo is copied without authorisation.
Only trademarks that can naturally differentiate the goods or services of the trader may be registered. Protection from competitors using the same or confusingly similar marks in the course of business is provided through registration.
Australian Copyright Council Is your Help
The Australian Copyright Council is a non-profit organisation whose objectives are to:
- Ensure that creators and other copyright holders can effectively enforce their rights.
- Make copyright awareness a priority in the community.
- Find inadequacies or unfairnesses in copyright laws, and research them.
- Improve copyright effectiveness and fairness by making changes to the law and practice.
- Promoting cooperation between organisations representing copyright owners and creators.
- You can always contact them through mail at PO Box 1986, Strawberry Hills NSW 2012 ABN: 63 001 228 780, Email info@copyright.org.au www.copyright.org.au or call them at T +61 2 8815 9777 F +61 2 8815 9799 for quick assistance.
Grammarly report
