Moving on from Part 1 of this series concerning stock photos and images and the rights to those images, what happens when you commission someone to create a design on your behalf? Who owns the copyright in those designs?
When you pay a design agency to create a logo, website, or brand identity, you might think you automatically own the copyright in that work. But in most cases, that’s not how the law works.
Who Owns the Design?
By default, the person or business that creates the design owns the copyright. That means the design agency, or the individual designer is the legal owner; not you, even if you’ve paid them. What you usually get is permission (or a licence) to use the design, but you may not get full ownership to the design.
Why This Matters
If you don’t own the copyright:
- You may not be able to change or adapt the design without permission.
- You may have to go back to the agency every time you need updates.
- You cannot enforce copyright against someone else copying your design, because the rights don’t belong to you.
- You may be prevented from validly registering the design as your trade mark.
- It could cause problems if you sell your business, because your brand assets may not be fully yours.
How to Make Sure You Own It
- Put It in Writing – Ask the agency to sign a contract that transfers ownership of the copyright to you. This is called an assignment of copyright. Without it, ownership in the design remains with the owner.
- Get the Source Files – Don’t just accept the final PDF or image. Make sure you also get the working files.
- Be Clear About Rights – Check that the agreement with the agency covers all drafts, all formats, and all future uses.
- Seek Expert Help – To make sure your contract is watertight or to seek clarity on the ownership of a design you have commissioned, speak with a legal professional.
How This Relates to Trade Marks
A trade mark is what legally protects your brand in the marketplace and includes logos. But here’s the catch: if you don’t own the copyright in your logo design, you may not be able to claim full rights to register or enforce it as a trade mark.
For example, if your logo is still legally owned by the design agency, they could object to you registering it as a trade mark. Even if you succeed, your rights might be limited or open to challenge. Owning the copyright ensures you have the clear foundation you need to secure and enforce your trade mark rights.
Takeaway
Paying for a design doesn’t automatically make it yours. To be safe:
- Make sure the design is original (or properly licensed if stock material is used).
- Ask for a written transfer of copyright from the agency.
- Keep records of the agreement.
- Get help from a legal professional such as brandU Legal.
That way, you’ll have full control over your brand, the ability to enforce your copyright, and the certainty needed to protect your designs as trade marks.