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Logo Design & Implied Licensing

Published 12.03.12 at 15:25

A freelance designer will usually retain the copyright in any logo that he creates. This is because the first owner of copyright is usually the creator, unless the work was created in the course of employment. However, where you have been commissioned to create a design your client can expect to be able to use that design for certain purposes. In the absence of a written agreement, it is likely that the terms of use will be governed by an implied licence. The scope of the client's licence will depend on what was requested at the outset. This can lead to uncertainty when there is no written contract to refer to. It is good business practice to enter into a written contract before you start the work to avoid any uncertainty. This article sets out the legal position and the options available to you in situations where no written agreement has been entered into.

Article by Joe Walsh

Photograph (some rights reserved) by SP Design&Print

 

Please note that this article discusses the legal position in the UK at the time of publication. It provides general information only but is not to be regarded as legal advice. You must take advice from a specialist lawyer in relation to your specific circumstances. Further, you should seek additional legal advice when dealing with parties based in other parts of the world or works originating from other parts of the world as the legal position may vary.

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Comments

  1. Freelance Graphic Designer

    This is great information. The information on the site and the email that I recently received has greatly assisted me in resolving the IP issue that I had with my client. I thank you for your great service and I will continue to support you. Kind regards.

    Posted by Anonymous on 25.03.14 at 22:03

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