Do you own your brand assets? You may want to double check, because under copyright law in Australia, the creator of a logo is assigned the rights to a brand. This means that the graphic designer or agency that created your logo usually owns the copyright to your logo. Even though you’ve paid for the design, that doesn’t automatically give you the copyright.
What is copyright?
The simplest explanation is ‘the right to copy’. Not to be confused with copywriting, which is writing for advertising or editorial purposes, copyright gives you the power to control who uses and reproduces your material. Whether that is a voice recording, a song, an article, a photo or a brand logo, anyone who uses it for commercial purposes must have permission to do so.
Make sure the rights belong to you
It is important that you obtain copyright to your brand so no-one can use it for their own gain, whether that’s by using your logo or claiming they are affiliated with you in some way. Don’t just get the rights to your logo either – make sure your copyright contract specifies ownership of all brand assets including unique pantone colours, signature fonts and campaign lines.
Do you have to register and pay for copyright?
No. As explained by the Australian Copyright Council, “Copyright is free and automatic and exists the moment you express your creation in material form (e.g.; draw a sketch on paper, paint a picture on canvas, record a video on a smartphone). There is no need to register copyright in Australia, get a signature from a lawyer or JP, or pay any fees to acquire copyright.”
The only time you would need to seek legal advice is if someone used your branding without your express permission and refused to retract the usage.
We give you full ownership of your brand
At D&Co Studio, when we create a new brand identity, we assign all copyright ownership to our client. This is through an official, written legal agreement for complete peace of mind and quoted in the original proposal.
If you don’t obtain copyright ownership of your brand identity, it may result in legal issues in the long run, such as needing to obtain permission from the original creator of your brand identity. They may even charge you a release fee to transfer ownership.
We are here to help
In the end, navigating Australian copyright laws can be a confusing and difficult task. Our team at D&Co Studio are experienced in ensuring your brand is protected through the creative processes we employ during the creation of your brand.
You can read more about copyright laws and ownership by visiting the Copyright Council Australia: https://www.copyright.org.au/. The Copyright Council is a not for profit organisation that advocates for appropriate law reform and promotes understanding of copyright law and its application.
To find out more about how we can bring your brand to life, chat to us today by calling 0411 261 815 or send us an email.
