Paid for a logo design to find you don’t own it?

There is an unspoken, but potentially costly issue with the designer and client relationship. That of the ownership of artwork. We have had many clients come to us over the years who have changed designers as their needs change (and for other reasons, of course) who have found, once their relationship with their designer ends they have to pay for the release of their own logo. Is this legal?

Unfortunately it is. Under the Copyright Act the designer of the artwork, namely your logo, brochure or design legally owns the copyright to your company’s logo. This is unless there is a written contract at the beginning of your engagement to specify otherwise.

What’s worse is that the client, as the newbie to the process, has no idea to ask the question of ownership. Should the designer bring this up in the initial meeting? Legally no, but ethically I believe so. The issue of ownership generally only comes up when all is said and paid for by the client and they wish to go elsewhere. The designer then can get a few more dollars from their client before they leave. It also undermines the integrity of the industry by being seen as taking you for everything they can. This then builds mistrust for the next relationship that will inevitably be formed with their new designer (if they use one again at all).

What can you do?
Ask your designer what their policy is on artwork ownership. At least then you can take this into consideration when choosing a designer who you want to work with. At the very worst you know where you stand, but at the best you can then come to a written agreement as to ownership before it ends up costing you more than you bargained for. It also gives you an oversight as to the type of business you are dealing with.

So designers, what are we afraid of?
As designers, and business people what are we afraid of? That unless we are tied to our clients artwork they won’t be able to leave should they want to? This is ridiculous. Our client has paid us to produce an identity for their company. To give their business life and soul. We have an open door policy at our brandhouse. If your client wishes to go elsewhere, then by all means let them go. (If you love something set it free…?) I don’t want a client who a) does not believe we can be of benefit to their company, and b) feels trapped with us because they know if they leave it’s going to sting them. It’s not fair on them, and it’s not fair on me and the staff who have to deal with them.