I Have 2 logos made from a designer for my company. I legally trademarked both of them in Canada. I recieved a reciept from my designer and the original files on cd. However we did not make a contract. Do I own my trademaked logos ? Thanks for your help.
If you paid to have the designer create logos for you, then yes you alone own them. The designer has no rights to resell the design you comissioned. If your logos were uniquely designed for your company, it would be an obvious inference that the logos were not the designers work merely licensed to you. Obviosuly, it would be better to have a written contract, but it is not necesary. From the scant details you have provided it sounds like you are okay. Are you worried they will try to sell it? Or just cautiously asking?
To answer your question. I went to a graphic design forum and some people (not all) feel that if there was not a contract then the designer owns 100 % copyright. I feel that it is up to the designer to inform the client that they wish to retain rights to any work, They are the proffessional. I plan to grow my business very big and I dont want this to bite me in the butt when I start making serious money.
I agree, when I design logos I say upfront if they don't own the rights etc. But you should own them if you paid.
Simply put as yes, you do own the design. "You get what you paid for." You're allowed to trademark it. If they complain, they can't do shit. If they try, let them. They won't win anything.
I've recently (yesterday) comissioned a uk artist to provide a new logo and misc artwork for my site. I was specific in my dealings with him. I paid upfront and the work he will be doing for me will be mine, ready to be trademarked. My opinion is that unless it is specified, it's a grey area. I don't think there is a "rule", nor could I find anything concrete either way. My advice, which I will be following as well, is to trademark the work as soon as you can. J
For all who are reading this thread, the correct legal buzz words are, define the the creation process as "a work for hire". And further state that once the contract price is paid in full that you "will own any and all copyrights to said work".
Copyright belongs to the original author of a work. Unless the rights are specifically granted to someone else by the author, it doesn't matter who paid them to produce the work. This is why you should always have a contract
did you try contacting the artist and asking the question... might be you've nothing to worry about from the outset.
Why don't you contact the artist/company and ask that the copyright/ownership be transferred to you in writing. They might do it just like that.
Yup, that's my understanding. In other word, no, you don't own the copyright. In cases like this it's my (again, limited) understanding that it's known to default to the artist. Just like when you hire a photographer to take the family photo. Also as noted above, if it's a work for hire, then the copyright flows through to you. I always just mention that any and all copyright is transferred to me when I pay for the work. No need IMO for a contract for something small like that. If you're nervous, just confirm this with the designer that they transferred the copyright. No reason they'd care I think.