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3 Reasons Why You Should Never Receive Work From a Freelancer Without Receiving Copyright & IP Ownership

Photo Credit: Catching up on e-mail by Ed Yourdon used under CC BY-NC-SA 2.0

A shift has occurred in the U.S. workforce over the past two decades, and freelancers know all about it.

Today, nearly 53 million Americans are freelancers.

Experts predict that by the year 2020, the growth of the freelancer segment will even begin outpacing full-timers.

This means that just as our world is rapidly changing, so too is our job market taking on an entirely different mode of operation and expression.

It also means more and more ongoing interaction between full-timers and freelancers as companies begin outsourcing projects on a regular basis. This is where intellectual Continue reading 3 Reasons Why You Should Never Receive Work From a Freelancer Without Receiving Copyright & IP Ownership

What is a Trademark, When is a Formal Trademark Needed, and How to Get One

Photo Credit: Coca Cola Logo Keychain by StreetFly JZ Used Under CC BY-NC-ND 2.0

What is a Trademark?

Generally, a trademark is a symbol, a design or logo of some kind, a slogan, a device, a musical jingle, or even a trade name like Frank Finkelstein’s Fabulous Falafel, which can uniquely distinguish your goods or services from all similar goods or services available in the market place.

The life of a trademark begins with a great idea for a mark or device that can absolutely singularize your product or service from all other competitors out there.

But that is only the starting point.

The odyssey for securing a trade identity really begins when the company needs to meet the challenge of doing all the things necessary to hold on tight to that very unique, differentiating and identifying mark and formally keep the mark for use as its very own.

When is a Formal Trademark Needed?

The best way to understand when or why a business might need to take the steps needed to formally register a logo or a trade name they are using in the marketplace as their trademark is take a look at Continue reading What is a Trademark, When is a Formal Trademark Needed, and How to Get One

You Don’t Own Your Logo (and Why You Think You Do): Why Copyright Transfer Matters

Image Credit: Logo2.0 part I by Ludwig Gatzke used under CC BY-NC-SA 2.0

Imagine this . . . You have commissioned a graphic designer to come up with the perfect logo for your business.

After a while the designer comes back with your finished logo.

You are perfectly happy.

You pay the money.

The job is complete.

You assume you own the logo and are free to use it anytime, any place, anywhere.

Unfortunately, this may be the start of your troubles, because unless you have a documented transfer of the copyright by way of an assignment from the designer, the logo is still owned by the designer.

The job is, therefore, not finished, as the copyright issues are still hanging in the balance.

Payment Does Not Confer Automatic Copyright or Intellectual Property Ownership

So, this scenario may be extreme, after all, you have commissioned a logo – your brand identity – and what else are you going to do with your brand identify apart from use it wherever and whenever you can?

However, this is a good illustration of the potential curve balls that exist between creatives and clients, and why it makes good sense for both parties to know explicitly, from the outset, what is expected. Continue reading You Don’t Own Your Logo (and Why You Think You Do): Why Copyright Transfer Matters