In Australia, copyright protection is free and applies automatically when material is created. There is no registration system.
What does copyright cover?
Copyright protects creative pieces of work such as original works of art and literature, music, films, sound recordings, broadcasts and computer programs. In order for a work to have copyright protection, it must reach a certain level of creativity and originality; many logos, however, do not. Copyright can not protect names, colours, titles or slogans. Most simple logos are not covered by copyright, while more ornate or artistic logos can be considered.
Is copyright the same as trademark?
As your logo most likely falls under both categories, it is advisable to consider both copyright and trademark for your business.
Copyright protects creative pieces of work, and a trademark protects business names, slogans, letters, words, phrases, shapes, logos, pictures and other items used to identify your business in the marketplace.
- Copyright is automatically applied as soon as the work is created, whereas a trademark must be registered in order to protect your business.
- Copyright is free. A trademark is paid for upon registration.
- Copyright generally lasts for 70 years, whereas a trademark is registered for ten years and can be renewed after this time.
- For both copyright and trademark, your work needs to be original.
As a business, if you have an employee create your logo as their employer, you own the copyright. However, if you outsource your design to a graphic designer, the designer then owns the copyright. You have an implied licence to use the logo for the purpose you engaged your designer to create your logo. To transfer the copyright, you need to have your designer give you a copyright notice (licence of rights), which identifies the logo handover. This will ensure there is no confusion about the owner of the logo, and the designer can not then use the identical logo for another client.
How you can protect your business.
- Register your business name with the appropriate office in your state or territory.
- Register a trademark of your logo, business name and any slogan with the trademarks office of IP Australia.
- If you outsourced your logo to a graphic designer, ask them to complete a copyright notice to transfer the ownership to you.
- Consider a professionally designed logo with artistic differences as it should be covered by copyright – so generally, the more you pay for a logo design, the more artistic and original it will be.
About Author Gareth Evans
Gareth Evans owns Minio Design Studio, an Australian-operated small design studio based in Victoria that brings over ten years of industry experience in finished art, graphic design and web design.
Minio Design Studio was started after years of working life in printing, advertising agencies and design studios, plus studying all aspects of the advertising and design industry. While still very young, they have extensive experience in all aspects of web/print and design.
Over the years, design jobs have been produced from a diverse range of industries for small and large businesses such as Sony, Pioneer, Olympus, Red Rooster, Rheem, CFA, Panasonic, Buxton and many other smaller brands and private businesses.
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