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Thread: Logo Copywriting

  1. #1
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    Question Logo Copywriting

    Or is it trademarking, registering, ect. I am pretty new to the legal stuff...

    I am purchasing a logo from a freelance graphic designer via the fiverr.com website. Great website to get just about anything done for free btw!

    Here is what is listed as including for most of these jobs.

    Logo Package
    Editable Source File
    3D Mockup
    High Resolution
    Logo Transparency
    Vector Source File
    1 Logo Included
    3 Revisions

    Now my question is, is this enough for me to take legal ownership of this logo and copyright and trademark it on my own? Or do I need any documentation from the seller other than our sales contract.

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    Logos can and should be both copyrighted and trademarked. The trademark states that the logo represents your company and other similar companies cannot use it. The copyright means that you own the logo and no one cannot copy of use it without permission.

    Copyrights have to be specifically sold in a contract. Somewhere in the paperwork it must state that the copyright is transferred to you. Otherwise they still own it and can sell or license it to others.
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    You might read through the terms of service page on Fiverr.

    Fiverr's TOS grants you, the buyer, the copyright for the work you buy, but the seller can override that generality on their seller page. So it depends on who you hire.

    It will also depend a little on the specifics of the logo and who creates it. I'm sure you've heard the saying, "You get what you pay for." When you spend $5 on a logo, there's a good chance the person creating the logo is taking shortcuts like using stock images and graphics. In that case the company that created the original stock image or graphic owns their work even if it's used in your logo.
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    Thank you. In total I am paying $45 for the package. The $5 thing is for a logo without all the source files etc. Basically just a concept. Actually I am paying a few people $5 for a logo, then picking the one I like and paying the additional $40 for the whole package. Still sound advise about people using stock images.

    Just to clarify the TOS. If the seller does not specifically say that the copyright rights are not included, then I am good?

    I will make sure to include it in the contract regardless.

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    I'm not a lawyer and I didn't read the entire TOS on the site so I can't tell you that you're all good just because the seller doesn't specifically say they own the copyright. Odds are you'll be fine, but if there's ever an issue a court somewhere will be the ultimate authority.

    $45 is still cheap for a logo and at that price I wouldn't automatically expect you're getting something completely original. You might, but it depends on who's doing the work. I'm sure there are people on the site who do good work, but I'm also sure there are people on the site who don't do good work and who take shortcuts using other people's copyrighted work. In the latter case part or even all of your logo could legally belong to someone else. Again, I'd say the odds are you'll be fine, but I don't think you can make a blanket statement that they automatically will be.
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    Scroll down to the Ownership section in the terms of service. All the information you need is there. I suggest you read it carefully.
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