Copyright: the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
Intellectual property (IP): a category of assets that are created by the human mind and can't be held in physical form. IP can include inventions, artwork, designs, and brand names. Copyright is a type of intellectual property.
Intellectual Property is an important aspect of design. Copyright is an innate right given to anyone who has created something, which lasts from creation to 70 years after the author’s death, but in design it is our ideas and intellectual property that we sell. So in this piece I will explain how we handle the ownership of copyright of our designs in our processes, what you need to know when working with us and what you can do afterwords to protect your brand from copyright infringement.
Disclaimer: I am not a legal expert and this is not intended as a source of legal advice. Please seek your own legal advice from a trusted and qualified lawyer.
Copyright is an automatic right given to a creator. In branding this in simple terms means that the person that creates the logo is the owner of the copyright of the designs, unless otherwise agreed.
But by the time you have decided on a complete brand identity design and its associated logo(s) and assets and have completed payment, it should be the client (that’s you) that owns the copyright. So how does that work?
In our process working together we begin with a contract which outlines within it that K-A Creative Ltd is the owner of the copyright of any designs throughout the duration of the project. This is possible because contracts are in place from the employees (or freelancers used) to the company outlining an assignment of intellectual property from them to the company.
It is also outlined that the work created will be original and will not belong to any third party to ensure that the copyright is ours to transfer in the first place.
The intellectual property of the design work belongs to the company until the final invoice is paid and the assets are handed over. At this point we complete what is called a Transfer of Copyright Agreement.
The Transfer of Copyright Agreement is a contract signed by both parties which essentially transfers the copyright, that is originally owned by the company (that’s K-A Creative Ltd) to the client, (that’s you). It also confirms that the logo is original and it does not belong to any third party.
What is included:
The copyright of all variations of the logo and associated assets - alternative colours, scales, horizontal and vertical versions, single-colour versions, etc.
What is not included:
Other concept designs that were not the final design. The copyright for the unused designs is reserved by the company, K-A Creative Ltd.
Original sketches, visuals and ideas that were not developed and finalised also remain property of the company.
Is copyright the same as a trademark?
The Transfer of Copyright Agreement is separate from a trademark registration. This is something that has to be done via the Intellectual Property Office in the UK and protects the logo from being copied or used inauthentically. It costs at least £170 and must be renewed every 10 years. It must also be registered separately in separate countries/territories. For example, the UK IPO will offer protection only in the UK and Isle of Mann.
Why register a trademark?
When you register your trade mark, you’ll be able to:
take legal action against anyone who uses your brand without your permission, including counterfeiters
put the ® symbol next to your brand - to show that it’s yours and warn others against using it
sell and license your brand
Do I have to register a trademark?
You do not have to register the logo as a trademark as by using the logo over time you accrue trademark rights as the logo becomes associated with your brand. This is why some brands have “TM” by the logo, which means an unregistered trademark. It is used to discourage infringement but there is no legal protection offered with its use and its rights can be more costly and difficult to enforce.
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