Q: One of my employees designed a great logo for my business. Am I safe to use it without paying them extra for it?
A:
Good question. If the logo is copyrightable, and making the logo was not withing the scope of the employee's job, then the employee may own they copyright to the logo, meaning it could not be reproduced without infringing his or her copyright. However, the circumstances are highly fact specific, so you should consult with a copyright / trademark / intellectual property attorney for a more precise answer.
Paul Overhauser
317 891-1500
www.overhauser.com
1 user found this answer helpful
A: NO, you are not safe. You need an agreement with the employee that assigns you the copyright to be safe. There are exceptions, such as where that was a normal part of the employee's job or where the "great logo" is a simple trademark or service mark rather than an artistic design. You need to talk to an intellectual property lawyer to protect yourself and get this set up legally to where you really are safe. There are other important considerations you have not mentioned, namely copyright registration, trademark registration, dba filings, tradename clearance, etc. You will save a lot of time and money by seeing an intellectual property lawyer to clear and protect this logo now before you commit a bunch of money to using and marketing a new logo. Otherwise, you risk being forced to stop using it. This is normally not expensive legal work, so do not cut corners at this stage. Get this solved before you invest in the logo. Bruce Burdick 618-462-3450 www.burdlaw.com
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