Intellectual Property and Technology

Thinking of ... Commissioning a Logo or Artwork?

If you are thinking of commissioning a logo or artwork to be used to brand, or as part of, your business consider the following:

Is it to be an entirely original work? If not you will have to acquire the right to use those elements of it which have already been created if they are sufficiently original or novel to be protected by copyright.
Who will be creating it? If this is to be a third party (i.e. not an employee) the terms agreed should be recorded in writing.
Do you intend to acquire all rights in the logo? Remember copyright will not transfer to you unless it is assigned to you in writing. You can assign copyright works not yet created. If you do not acquire from the third party creating it an assignation (i.e. transfer) in writing the third party will continue to own the copyright subject to whatever licence to you is agreed or can be implied.
If you are acquiring limited rights: Consider carefully the rights you need. These should encompass all uses you envisage now or in the foreseeable future - if possible agree all uses in all media. Consider what use (if any) you are prepared to allow others (including the third party creator) to make of the logo/artwork.
What are you going to pay for its creation? Remember payment does not mean you will own it (see above). Can payment be staged or in instalments linked to delivery or specific uses?
Will you use it in conjunction with or as part of a business trading name or brand? If so consider trade mark registration (link to Thinking of ... registering a trade mark).

For further advice contact any of our team.