Question re logo copyright

[Candybee]

I have an artist working on a set of logos for me. She does amazing artwork but has never done or sold logos before and I have never purchased a logo before so we are both newbies at this.

 

So my question is, what kind of paperwork do I need from her that gives me legal permission to use those logos for my biz. Is a simple statement on the bill of sale enough? Does she retain copyright as the work is hers? I just want legal permission to use the logos and not sure I need copyrights. Its her work afterall so she should be able to use it. I just don't want anyone else using it.

 

Some insight please as I am not sure where to find info on this particular question and want to avoid any legal battles over its use anytime in the future. Thanks for any insight.

 

Edited February 7, 2021 by Candybee

[Dirt Roads]

https://www.designhill.com/design-blog/logo-design-owner-designer-client/

 

I had this issue come up with T shirt designs.  I made it very clear that I paid the designer for design and I owned the design.   Very clear as it was in a written contract.  (a very short one paragraph on the bill)

 

I never wanted to fool with royalties and permissions.   I would suggest getting ownership up front. 

[Dirt Roads]

https://graphicdesign.stackexchange.com/questions/42462/is-it-inappropriate-to-ask-for-royalties-on-a-logo-design-if-the-client-decides

 

Ad agencies and some designers will often want royalties.       And it's even suggested you are "taking advantage" of a designer to transfer complete ownership.     I saw this come up last year with a pillow company that was buying designs from an artist.   The artist was frustrated and changed their contract to royalties.   The pillow company dropped them and went with another artist.   

 

I never worked any t shirt deal where we paid royalties.   Not saying this is right but it's just what we (and most of the industry) did.   Personally, I would ask for ownership of your logo.   Too much trouble (and money) for royalty.

 

I think this sums up the client ownership view:

 

https://www.designmantic.com/blog/who-owns-the-logo/

Edited February 7, 2021 by Dirt Roads

[Dirt Roads]

Had to remember what we had .. it was a "copyright assignment agreement".   This was a very important thing in my t shirt designs.   I saw a free form on the internet which would probably work for you.    We also registered the design (as most t shirt producers did)  with the US Copyright  with a simple form letter and attachment for each design.

[BusyBee]

Logo is usually designed for one company usage because two different company should not use the same logo, and the designer should know that.  Designers should be selling their logo art work to one company only, and price should be based on that fact.  It should be nice to put some statement in invoice or contract specifying what you are buying.  

 

Art works for product labels or designs are totally different story.

[jmspgh]

12 hours ago, BusyBee said:

 

Art works for product labels or designs are totally different story.

How so?

[BusyBee]

51 minutes ago, jmspgh said:

How so?

There are so many different ways for art works or photography that I am not going to able to cover all of them.  But here are some...

 

1.  Some artists are giving away some of their art works for free.  *There are many trademarks (Trademarks are another story to art works.) out there that can be used without paying loyalty also.  We will still need approval and agreement from the owners for both.

2.  Some artists sell whole art work with copyright included to the buyer.

3.  Some artists sell art work without copyright included.  In this case, most of time the artists just want to be recognized for the their work, and the buyer is the rightful owner of the work.

4.  Yearly subscription of art works with production limitation.:  This is great program for small start up companies.  I think I have paid $99 yearly subscription for my first candles to shutterstock.com for photography usage.  Some are free.

5.  Paying loyalty:  There are many different ways to structure loyalty agreement.

6.  When you hire an artist as company employee, then art work belongs to the company.

etc. etc.

 

Here are some photography & some art works that I have paid $99 yearly (total for all of them in the picture) subscription fee.

 

[Candybee]

14 hours ago, Dirt Roads said:

https://graphicdesign.stackexchange.com/questions/42462/is-it-inappropriate-to-ask-for-royalties-on-a-logo-design-if-the-client-decides

 

Ad agencies and some designers will often want royalties.       And it's even suggested you are "taking advantage" of a designer to transfer complete ownership.     I saw this come up last year with a pillow company that was buying designs from an artist.   The artist was frustrated and changed their contract to royalties.   The pillow company dropped them and went with another artist.   

 

I never worked any t shirt deal where we paid royalties.   Not saying this is right but it's just what we (and most of the industry) did.   Personally, I would ask for ownership of your logo.   Too much trouble (and money) for royalty.

 

I think this sums up the client ownership view:

 

https://www.designmantic.com/blog/who-owns-the-logo/

 

Thanks for the read. Very interesting and informational. 

[Candybee]

14 hours ago, BusyBee said:

Logo is usually designed for one company usage because two different company should not use the same logo, and the designer should know that.  Designers should be selling their logo art work to one company only, and price should be based on that fact.  It should be nice to put some statement in invoice or contract specifying what you are buying.  

 

Art works for product labels or designs are totally different story.

 

This. This is what I had in mind was to put a statement on the invoice or bill of sale. I want something that states I am purchasing the logo along with copyright. I also want the designer to retain the rights to use their work for their portfolio or promote their artwork but that I have all legal rights to use the logo for my business. I want to have the ability to trademark the logo if I want. I won't legally be able to do that if the designer retains copyright.