Can a third party take a copyright out on a logo that has been in use by a business (still trading) approximately 12 months prior on letter headed, dated documents?
The logo was produced on a cash in hand basis in the first place and has been in use on the business's website and official paperwork although they didn't have a specific copyright arrangement.
I apologise if the above is too vague and will clarify any point.
Your advice will be welcome and appreciated.
Can a logo be copyrighted by a third party?
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CopyrightAid
- Site Admin
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- Joined: Wed Jan 03, 2007 1:48 pm
Copyright is an automatic right that exists from the point that the work is created.
Unless there is an agreement to the contrary, the first owner of a copyright work will be the creator of the work, unless the person that created the work did so as part of their normal employment - in which case copyright would belong to the employer.
Naturally the 'first owner' can choose to sell or transfer the copyright in the work to another party at a later date.
So... unless you created the work, were the 'employer' in this context, or were party to an agreement with the creator of the work that transfered the copyright to you, I cannot see how you would be the copyright owner.
Unless there is an agreement to the contrary, the first owner of a copyright work will be the creator of the work, unless the person that created the work did so as part of their normal employment - in which case copyright would belong to the employer.
Naturally the 'first owner' can choose to sell or transfer the copyright in the work to another party at a later date.
So... unless you created the work, were the 'employer' in this context, or were party to an agreement with the creator of the work that transfered the copyright to you, I cannot see how you would be the copyright owner.