Question

Topic: Copywriting

Legal Template For Royalty Free License Of Logo?

Posted by Katrina.turnbull4 on 250 Points
Hello,

I am hiring a graphic designer to create a logo for my website. Can anyone provide me with a legal contract template that grants me, "Commissioner," the right to reproduce the logo on products (iPhone cases, mugs, etc.) to be sold on my site without having to pay the graphic designer royalties.

Thank you in advance.
Katrina
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RESPONSES

  • Posted by Jay Hamilton-Roth on Member
  • Posted by Katrina.turnbull4 on Author
    Thank you for your response, but this contract does not apply to my situation.

    Based on the visible sections of this document, it seems to be a contract protecting the rights of the Licensor (i.e. the Graphic Designer) and not so much those of the Licensee (i.e. Me the Business Owner commissioning the logo).

    Has any business owner out there experienced this problem? Have you commissioned a logo for your website and used your logo to sell other products? Did you have to pay royalties on those products to the graphic designer or did you cover this in your contract?
  • Posted by mgoodman on Moderator
    I may not be understanding this the way you intend. If you hire a graphic designer to create a logo for you, then that logo is yours -- not the graphic designer's. You can do whatever you want with that logo, and you shouldn't owe the designer anything. The graphic designer doesn't have any rights to the logo once he/she has been paid for the work you hired him/her to do.

    I am not an attorney, and this is not legal advice. I'm simply sharing an opinion based on having hired dozens of graphic designers to create logos, websites and promotional material for myself and as an agent for my clients -- primarily in the U.S and Canada.

    What country are you in? Is it possible the laws are different there?
  • Posted by Gary Bloomer on Accepted
    I am a graphic designer (among other things), and here's the official word from the AIGA: https://www.aiga.org/copyright-basics-for-graphic-designers/
  • Posted by mgoodman on Moderator
    Gary Bloomer's link is right on. Note this particular section (written for graphic designers):

    "Obviously, for some types of work it is appropriate for the client own your entire copyright, for example, corporate identity packages, logos, websites or any other works that are intended to have an ongoing, exclusive marketing presence for your client. It would not be appropriate for you to re-license that kind of work to another client."

    The interesting thing about a copyright is that what it gives you is the right to spend a lot of money hiring lawyers to police and enforce it. If you're not prepared to spend the money, then it's all just a lame attempt at saber-rattling. Most of the time you're better served focusing on the health of your business rather than supporting the legal profession.

    Talk to your lawyer. See what he/she says.

  • Posted by Katrina.turnbull4 on Author
    Thanks Gary Bloomer. That was precisely the clarification I was looking for. I commissioned the logo for my business, therefore I own the copyright.

    Thanks for everyone's input.

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