Who is the 'designer'












4















Last year, I approached a graphic design company with some of my own sketches and photos that I would like to be used in the design of some logos for my company branding. The designer uses my original sketches and then pitches some options back to me, from which I then select from.



After I select the design, I pay the designer for the design, the printing of menus and flyers, and the design and maintenance of a website.



My question is, who is entitled to this intellectual property. Am I entitled to use this logo on my own accord?










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    4















    Last year, I approached a graphic design company with some of my own sketches and photos that I would like to be used in the design of some logos for my company branding. The designer uses my original sketches and then pitches some options back to me, from which I then select from.



    After I select the design, I pay the designer for the design, the printing of menus and flyers, and the design and maintenance of a website.



    My question is, who is entitled to this intellectual property. Am I entitled to use this logo on my own accord?










    share|improve this question









    New contributor




    Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.























      4












      4








      4








      Last year, I approached a graphic design company with some of my own sketches and photos that I would like to be used in the design of some logos for my company branding. The designer uses my original sketches and then pitches some options back to me, from which I then select from.



      After I select the design, I pay the designer for the design, the printing of menus and flyers, and the design and maintenance of a website.



      My question is, who is entitled to this intellectual property. Am I entitled to use this logo on my own accord?










      share|improve this question









      New contributor




      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.












      Last year, I approached a graphic design company with some of my own sketches and photos that I would like to be used in the design of some logos for my company branding. The designer uses my original sketches and then pitches some options back to me, from which I then select from.



      After I select the design, I pay the designer for the design, the printing of menus and flyers, and the design and maintenance of a website.



      My question is, who is entitled to this intellectual property. Am I entitled to use this logo on my own accord?







      copyright client-relations licensing






      share|improve this question









      New contributor




      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.











      share|improve this question









      New contributor




      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.









      share|improve this question




      share|improve this question








      edited 13 hours ago









      Lucian

      14k103162




      14k103162






      New contributor




      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.









      asked 18 hours ago









      Roselle BRoselle B

      211




      211




      New contributor




      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.





      New contributor





      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.






      Roselle B is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.






















          2 Answers
          2






          active

          oldest

          votes


















          3














          The answer to this question is: What does your contract say. If your contract says nothing about copyright transfer then they own the copyright. See the thing is, the person who made the file owns the copyright of the file. Does not really matter what happened before.



          What about the copyright of the things you did before. Well you own the copyright. But you see you gave the graphic designers a implied right to use them for this purpose*. So they are clear.



          Next time negotiate your wishes into the contract that's what they are for. Contracts are both sides writing down how they expect things to work for future reference***.





          NOTES:



          * Even if you didn't give a implied right, by stipulating so in contract (sic), does not mean you own the copyright. Just because somebody violates your rights does not mean that you now get to own their output**. Just that now you can sue them for violation of copyright. Which may or may not mean anything in a court of law, this depends on jurisdiction. In my locale you'd almost certainly lose.



          ** Even if Youtube seems to work like this. What youtube does is not strictly speaking legal anywhere.



          *** Note everybody always remembers the contract wrong afterwards.



          This is one of the reasons that copyright usually transfers from salaried worker to company so that it does not need to be negotiated for each worker separately. This way media outlets are possible to make. This does not transfer to frelancers or contractors though.




          • It took me a long time to understand that copyright is born once created. But does not project itself to new creations, it either is there at creation or not. So if you for some reason transfer the concept into a uncopyrightable medium then that thing never had copyright in first place. So copyright does not copy, you gain the copyright on grounds that you created the new one, or had the new one created in way that you control.






          share|improve this answer

































            2















            1. You are the client and your designer is the designer. Without the designer you would not have a logo, but just an idea.

            2. You, as a client, are free to come up with suggestions to make it easier for the designer to help you with the work.

            3. Lastly, make sure the designer signs a paper in return for the payment and the paper clearly says client owns the copyright. This step should be agreed on from stage one to avoid confusion as you move through the job.






            share|improve this answer























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              2 Answers
              2






              active

              oldest

              votes








              2 Answers
              2






              active

              oldest

              votes









              active

              oldest

              votes






              active

              oldest

              votes









              3














              The answer to this question is: What does your contract say. If your contract says nothing about copyright transfer then they own the copyright. See the thing is, the person who made the file owns the copyright of the file. Does not really matter what happened before.



              What about the copyright of the things you did before. Well you own the copyright. But you see you gave the graphic designers a implied right to use them for this purpose*. So they are clear.



              Next time negotiate your wishes into the contract that's what they are for. Contracts are both sides writing down how they expect things to work for future reference***.





              NOTES:



              * Even if you didn't give a implied right, by stipulating so in contract (sic), does not mean you own the copyright. Just because somebody violates your rights does not mean that you now get to own their output**. Just that now you can sue them for violation of copyright. Which may or may not mean anything in a court of law, this depends on jurisdiction. In my locale you'd almost certainly lose.



              ** Even if Youtube seems to work like this. What youtube does is not strictly speaking legal anywhere.



              *** Note everybody always remembers the contract wrong afterwards.



              This is one of the reasons that copyright usually transfers from salaried worker to company so that it does not need to be negotiated for each worker separately. This way media outlets are possible to make. This does not transfer to frelancers or contractors though.




              • It took me a long time to understand that copyright is born once created. But does not project itself to new creations, it either is there at creation or not. So if you for some reason transfer the concept into a uncopyrightable medium then that thing never had copyright in first place. So copyright does not copy, you gain the copyright on grounds that you created the new one, or had the new one created in way that you control.






              share|improve this answer






























                3














                The answer to this question is: What does your contract say. If your contract says nothing about copyright transfer then they own the copyright. See the thing is, the person who made the file owns the copyright of the file. Does not really matter what happened before.



                What about the copyright of the things you did before. Well you own the copyright. But you see you gave the graphic designers a implied right to use them for this purpose*. So they are clear.



                Next time negotiate your wishes into the contract that's what they are for. Contracts are both sides writing down how they expect things to work for future reference***.





                NOTES:



                * Even if you didn't give a implied right, by stipulating so in contract (sic), does not mean you own the copyright. Just because somebody violates your rights does not mean that you now get to own their output**. Just that now you can sue them for violation of copyright. Which may or may not mean anything in a court of law, this depends on jurisdiction. In my locale you'd almost certainly lose.



                ** Even if Youtube seems to work like this. What youtube does is not strictly speaking legal anywhere.



                *** Note everybody always remembers the contract wrong afterwards.



                This is one of the reasons that copyright usually transfers from salaried worker to company so that it does not need to be negotiated for each worker separately. This way media outlets are possible to make. This does not transfer to frelancers or contractors though.




                • It took me a long time to understand that copyright is born once created. But does not project itself to new creations, it either is there at creation or not. So if you for some reason transfer the concept into a uncopyrightable medium then that thing never had copyright in first place. So copyright does not copy, you gain the copyright on grounds that you created the new one, or had the new one created in way that you control.






                share|improve this answer




























                  3












                  3








                  3







                  The answer to this question is: What does your contract say. If your contract says nothing about copyright transfer then they own the copyright. See the thing is, the person who made the file owns the copyright of the file. Does not really matter what happened before.



                  What about the copyright of the things you did before. Well you own the copyright. But you see you gave the graphic designers a implied right to use them for this purpose*. So they are clear.



                  Next time negotiate your wishes into the contract that's what they are for. Contracts are both sides writing down how they expect things to work for future reference***.





                  NOTES:



                  * Even if you didn't give a implied right, by stipulating so in contract (sic), does not mean you own the copyright. Just because somebody violates your rights does not mean that you now get to own their output**. Just that now you can sue them for violation of copyright. Which may or may not mean anything in a court of law, this depends on jurisdiction. In my locale you'd almost certainly lose.



                  ** Even if Youtube seems to work like this. What youtube does is not strictly speaking legal anywhere.



                  *** Note everybody always remembers the contract wrong afterwards.



                  This is one of the reasons that copyright usually transfers from salaried worker to company so that it does not need to be negotiated for each worker separately. This way media outlets are possible to make. This does not transfer to frelancers or contractors though.




                  • It took me a long time to understand that copyright is born once created. But does not project itself to new creations, it either is there at creation or not. So if you for some reason transfer the concept into a uncopyrightable medium then that thing never had copyright in first place. So copyright does not copy, you gain the copyright on grounds that you created the new one, or had the new one created in way that you control.






                  share|improve this answer















                  The answer to this question is: What does your contract say. If your contract says nothing about copyright transfer then they own the copyright. See the thing is, the person who made the file owns the copyright of the file. Does not really matter what happened before.



                  What about the copyright of the things you did before. Well you own the copyright. But you see you gave the graphic designers a implied right to use them for this purpose*. So they are clear.



                  Next time negotiate your wishes into the contract that's what they are for. Contracts are both sides writing down how they expect things to work for future reference***.





                  NOTES:



                  * Even if you didn't give a implied right, by stipulating so in contract (sic), does not mean you own the copyright. Just because somebody violates your rights does not mean that you now get to own their output**. Just that now you can sue them for violation of copyright. Which may or may not mean anything in a court of law, this depends on jurisdiction. In my locale you'd almost certainly lose.



                  ** Even if Youtube seems to work like this. What youtube does is not strictly speaking legal anywhere.



                  *** Note everybody always remembers the contract wrong afterwards.



                  This is one of the reasons that copyright usually transfers from salaried worker to company so that it does not need to be negotiated for each worker separately. This way media outlets are possible to make. This does not transfer to frelancers or contractors though.




                  • It took me a long time to understand that copyright is born once created. But does not project itself to new creations, it either is there at creation or not. So if you for some reason transfer the concept into a uncopyrightable medium then that thing never had copyright in first place. So copyright does not copy, you gain the copyright on grounds that you created the new one, or had the new one created in way that you control.







                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited 13 hours ago

























                  answered 15 hours ago









                  joojaajoojaa

                  42.5k667121




                  42.5k667121























                      2















                      1. You are the client and your designer is the designer. Without the designer you would not have a logo, but just an idea.

                      2. You, as a client, are free to come up with suggestions to make it easier for the designer to help you with the work.

                      3. Lastly, make sure the designer signs a paper in return for the payment and the paper clearly says client owns the copyright. This step should be agreed on from stage one to avoid confusion as you move through the job.






                      share|improve this answer




























                        2















                        1. You are the client and your designer is the designer. Without the designer you would not have a logo, but just an idea.

                        2. You, as a client, are free to come up with suggestions to make it easier for the designer to help you with the work.

                        3. Lastly, make sure the designer signs a paper in return for the payment and the paper clearly says client owns the copyright. This step should be agreed on from stage one to avoid confusion as you move through the job.






                        share|improve this answer


























                          2












                          2








                          2








                          1. You are the client and your designer is the designer. Without the designer you would not have a logo, but just an idea.

                          2. You, as a client, are free to come up with suggestions to make it easier for the designer to help you with the work.

                          3. Lastly, make sure the designer signs a paper in return for the payment and the paper clearly says client owns the copyright. This step should be agreed on from stage one to avoid confusion as you move through the job.






                          share|improve this answer














                          1. You are the client and your designer is the designer. Without the designer you would not have a logo, but just an idea.

                          2. You, as a client, are free to come up with suggestions to make it easier for the designer to help you with the work.

                          3. Lastly, make sure the designer signs a paper in return for the payment and the paper clearly says client owns the copyright. This step should be agreed on from stage one to avoid confusion as you move through the job.







                          share|improve this answer












                          share|improve this answer



                          share|improve this answer










                          answered 13 hours ago









                          LucianLucian

                          14k103162




                          14k103162






















                              Roselle B is a new contributor. Be nice, and check out our Code of Conduct.










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