I was at a session on copyright and trademarking and came away with a few useful insights. I thought I would share them, as I know this affects many people.
The first rule of thumb.
Copyright belongs to the creator! If you are the designer, illustrator, photographer, or creator, you automatically own the copyright. Your client only holds the legal copyright if you explicitly assign it to them in a contract. Without this, you retain ownership. I found this interesting.
Secondly
For creatives who also dabble with music, if you record someone, you hold the copyright for that recording. The producer owns the recording unless contractually transferred to the client. Clients might believe they own the song’s copyright if they wrote the lyrics. However, if you created the musical arrangement, you own that copyright. Music and lyrics are separate copyrights in a song.
Risks for business owners
As business owners, if a designer produced something without assigning copyright to you in writing, you should request legal assignment immediately. Otherwise, designers could claim ownership later. Consider the case of Innocent Smoothies, who faced legal battles just to use their own logo.
Trademark Symbols Explained
TM = Trademark – A visual logo or wordmark without legal enforcement power. Some use it as a deterrent or during a Registered Trademark application.
® = Registered Trademark – A legally protected visual logo or wordmark. Only use this symbol after officially registering your trademark. Unauthorized use is a legal offence.
© = Copyright – Copyright protection applies broadly to written or documented items like words, logos, photos, and designs. Registration isn’t necessary, but documented proof of creation can support your case in disputes. The old method of mailing your work to a solicitor can help establish dated proof. Copyright protection applies only if your work could have been copied by others.
Get yourself protected.
To sell your business, you must own the copyright to everything you’re selling—including your logo. Otherwise, it’s not legally yours to sell.
Meanwhile, if you’d like your ‘copyrighted’ logo added to a wall, please contact us.