30 Responses to “Copyright Issues In Logo Design”

1. Shanna Korby on Jan 14, 2009 said:

   Another issue is using stock vectors or “clip art” in a logo. Unless you buy the rights from the original illustrator (or rights holder) you may not hold full copyrights of your own logo.

2. Joshua Davis (@joshuardavis) on Jan 14, 2009 said:

   I think the problem here is that you’re using the term typeface and font interchangeably, when they are two very different things. A font is an entire collection of letters and numbers with specific rules and guidelines, while a typeface is the final text you “see”. A physical metaphor would be a CD (font) and songs (typeface). A font is made up of typefaces.

   http://fontfeed.com/archives/font-or-typeface/

   From what I understand from AIGA’s legal mumbo jumbo means is that you cannot type a word using a font and copyright it. To be copyrightable, it must have some type of artistic treatment that makes it unique. Now, how much is enough is debatable. Take Microsoft’s slight cut into the “o” for example.

   Just to be clear when you say font it means ABC 123… and when talking about a typeface it means Adobe, Apple, and Microsoft. As in, I like Adobe’s typeface, I wonder what font they used?

   You’re right about it being a good idea to read the user agreement that comes with your font. Copyright can be very confusing subject, but I think it is worth trying to understand.

   Anyway, your article brings attention to a subject that is often overlooked, and that’s what’s important, right?

   Good article, Jacob.

3. Glen on Jan 14, 2009 said:

   Wow, great post! It’s something I guess I hadn’t really thought much about. I wonder how this applies to system fonts? Definitely an area I’ll be doing some more research into! Thanks!

4. Szabi (@szabcsee) on Jan 14, 2009 said:

   Serious stuff. Good to keep in mind. Thanks for sharing it Jacob.

5. AJ Troxell on Jan 14, 2009 said:

   Great article. To be safe, I would personally not assume that any part of a logo would be legally copyrightable unless I created a symbol or portion of it from scratch. For instance the “leaf” symbol on Mint.com would be copyrightable, which would allow you to interchange typeface as you see fit, but still keep the same copyrighted logo(the leaf).

6. Caleb on Jan 14, 2009 said:

   This is very useful information and will put this in my back pocket and bring out later. When I am doing logos for my clients we always end up on the legal side of things. Thanks

7. Jacob Cass (@justcreative) on Jan 14, 2009 said:

   Shanna,
   Thanks for the tip… this was an issue brought up here: How Not To Design A Logo.

   Joshua,
   I actually thought I did know the difference between font and typeface however I can’t seem to find where I have done the mishap in the article above? Could you tell me where I have written the wrong thing?

   Thanks for the clarifications anyway.

   Glen,
   You can read about font licensing here:
   http://scripts.sil.org/cms/scr.....O_Font_Lic

   Szabi, Caleb,
   You’re welcome

8. Joshua Davis (@joshuardavis) on Jan 15, 2009 said:

   Jacob, this part of your article had me confused

   “we CAN NOT edit a typeface and sell it to a client as “mere lettering” of the typeface.”

   because I was under the impression that you could alter a typeface and sell it to a client. That is where I thought you might have meant font. I could be wrong. Now that you brought this up I will have to look into it more deeply. Oh and I didn’t mean to infer that you didn’t know the difference between a font and a typeface, I was just looking for a little clarification and sharing what I learned from http://fontfeed.com/archives/font-or-typeface/

   My apologizes if I sounded arrogant or insulting. Not my intention at all!

   Keep up the good work

9. Ian Hutchinson on Jan 15, 2009 said:

   Personally, I try to stay away from getting into legal-related things as much as I can, but I see why it’s important.

   I guess the best advice is to check your bases first.. find the exact terms of the purchase of a font, or contact the designer to clarify.

   I’m a big supporter of Creative Commons though, especially when doing work for myself. It can be as tight or as loose as you want, but you still give consumers the chance to move about with your content.

   It’s just a pain explaining what it is without sounding nerdy when someone notices the (cc) logo on something.

10. Craig on Jan 15, 2009 said:

    What an interesting topic. It is certainly something I will need to re-read and digest. There is so much on the web right now about typography and logos, yet this is the first article I have seen commenting on the legalities.

    Thanks!

    Craig

11. Jacob Cass (@justcreative) on Jan 15, 2009 said:

    Hello Joshua,

    I wasn’t actually saying that I was correct, I was asking you where I have done the mishap, if indeed I had done one. You weren’t sounding arrogant or insulting don’t worry - upon re reading my comment it does sound like I was offended. I have since amended the word typeface in the two spots you said, so thanks for that.

    Ian,
    Some day it will come in handy that you do know it so it’s probably not a wise idea to stay away from legal related things though in saying that I am also guilty of shying away from the technicalities of copyright… which I am sure most others are too but certainly, Creative Commons is a great invention.

    Craig,
    That is true, there seems to be a lack of information on this topic on the web, partly I suppose because copyright itself is so far behind.

12. Patrick (@patricknolan) on Jan 16, 2009 said:

    Great article Jacob,

    This is the kind of stuff that give me a headache just thinking about it. Thanks (those in the comments included) for narrowing it down.

13. Karen Curran on Jan 20, 2009 said:

    I never provide fonts - I convert to outlines if letters are involved in a logo. I also do not use clipart for logos - I create something new. Logos are the only time that I feel the final copyright (after payment) belongs to the client as I created the logo as a specialty identity for them. Otherwise I try to follow guidelines of the copyright council and Arts Law. See my legal notes on copyright at
    http://www.unicorngraphics.com.au/copyright.html
    re artwork copyright:
    Interestingly, if you are commissioned by the federal government in Australia for illustration, the copyright belongs to the government, not to you.

    Music copyright issues (and licenses to purchase) can be read at http://www.apra.com.au

    Continue the good work Jacob. - Karen

14. Becky on Jan 22, 2009 said:

    Coincidentally I just finished a book titled, “Clearance and Copyright ” by Michael C. Donaldson. This book was so full of useful information and was so easy to read. I had never thought about needing to clear the use of logo shown on someone’s t-shirt that appears in a film? Well, this book answers that question and a lot more! I think that everyone should should become acquainted with copyright laws in order to protect themselves.

15. Kathy on Mar 7, 2009 said:

    Thoughts on the following please:

    A phrase or slogan can not be copyrighted, however, what about this scenario:

    a phrase that has been designed for wear (on shirts etc.) using a standard font that has been changed into vector art, and completely manipulated into a similar, but original font design. Questions:
    A)thoughts on the legality of ‘redesigning’ the font and
    B)copyrighting the phrase created in the new font as a “logo” as opposed to a “phrase”

    Thanks for the input!

16. Jacob Cass (@justcreative) on Mar 7, 2009 said:

    Kathy,
    I wouldn’t want to give the wrong advice so I would suggest going to a professional who specialises in this area.

17. Renée on Mar 29, 2009 said:

    This is a *fantastic* topic and one which I reckon should be expanded upon. Any chance of getting a copyright expert on here to chat with us?

    So … something struck me as being odd when creating outlines was mentioned. Even if you do that, the font still looks the same so isn’t it still covered under copyright? If not, that’s cool as it’s one less thing to worry about. In fact … having to contact a font foundry every time you need to use a font would be crazy so I must be missing something.

    Anyway, as I mentioned to a colleague earlier this week, copyright is such a sticky area. What I find interesting (staggering actually) is that most people have no idea that if the designer doesn’t transfer the rights to their logo, etc., they don’t own it. That goes against the ‘common man test’ they talked about during my Marketing Law class, but that’s apparently the law as is stands so what can you do.

18. Brad Sherrill (@bradsherrill) on Aug 13, 2009 said:

    Great article this is just what i needed to brush up the copyright knowledge.

19. kelly on Sep 2, 2009 said:

    if you have a copyrighted artwork and you want to have a slogan that you would sometimes use with it, but not always, would that be TM or copyrighted?

20. kelly on Sep 2, 2009 said:

    okay, just learned that you can’t C a slogan, just TM it, but is it true that you can use the “TM” after your phrase as long as you are going to register within 3 years? I know you can’t use the “Registered” symbol. Or would you have to TM or reg. at all if your art was copyrighted?

21. Jacob Cass (@justcreative) on Sep 2, 2009 said:

    Renee,

    First off sorry for the late response, your comment must have been lost amongst the many others while I was on vacation.

    I am actually not in contact with any copyright expert but if you had a suggestion I will see what I can do.

    I found it strange also that you could outline fonts and make them yours but apparently so - though I have no confirmation of this.

    And yes, it is quite staggering though I have an agreement that I get clients to sign to prove that I have transferred the rights to them.

    Kelly,
    I am by no means a copyright expert so I wouldn’t like to give misguided advice though I know you must TM slogans if you wish to protect them. All of your artwork is copyright soon as you put your pen to surface - copyright is automatic.

22. Craig Scott on Sep 15, 2009 said:

    I just contacted Myfonts.com regarding this and got this response:

    “Regarding use of a font in a logo:
    Licensing is foundry specific and is generally directed to distribution, or use of the actual electronic font file, not so much copyrights or trademarks of a logo using the font.

    Foundries will typically not allow for use of an individual character for a logo (dingbat character or otherwise) in it’s entirety but will allow for words or a phrase.

    It’s always a good thing to confirm the legal aspects of any font purchase by reviewing the license agreement before your purchase. If you place a font in your MyFonts shopping cart you should find a license link for each font. Click
    this to access the selling Foundry License Agreement.”

    I think that is pretty clear (and fair).

23. Jacob Cass (@justcreative) on Sep 16, 2009 said:

    Thanks for sharing Craig.

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