Usage Rights for Logo Design
According to Section 2 (1) of the German Copyright Act (UrhG), a logo is worthy of protection as a work of applied art if it is creative and has a personal design. If these two criteria are met, copyright can also apply to the logo.
As a designer, I do not have to have your logo design checked under copyright law in order to acquire a corresponding property right, as this arises automatically upon completion. However, a specific review usually only takes place in the course of a legal dispute.
If you or your company would like to use a logo protected by copyright, you need the consent of the creator - i.e. me. If I grant you permission to use it, I thereby grant you a so-called usage rights.
The difference between right of use and copyright
If you commission me to create your brand and hold the finished corporate design in your hands, you acquire the right to use it, but never the copyright. The author of the design is and remains me (or my heirs). You can/may neither sell nor assign copyrights in Germany. For the agreed price, however, you buy the rights to use the brand or design for your purposes - hence the usage rights.
Tailor usage rights to your needs
Usage rights are an important cost factor for any design. In order to optimize the price for you as much as possible, we should therefore determine together which usage rights you need for your project and which you do not. Let's talk about it. I'll be happy to advise you!
Usage rights in detail
There are several points to consider when it comes to usage rights:
- Exclusive Use
Only you use a logo or corporate design for your brand. That's why the exclusive right to use your design is already included in your usage factor.
- Content Use
I normally assume that the logo will be used on all available advertising material. That is why the right of use is calculated here for all content.
- Spatial Use
Where would you like to use your logo? Internationally, worldwide, Europe-wide or regionally? This distinction is often reflected in the price. The right to use your logo design can vary here and be adapted to your needs.
- Time of Use
How long would you like to use the logo design? 1 year, 3 years, 10 years or even indefinitely? This makes sense if you are not planning to run your company in the long term. Otherwise, an unlimited right of use also makes sense for the corporate design.
What if Someone "steals" my Logo?
If someone uses a copyrighted logo without the consent of the designer, they are committing a copyright infringement. If possible, this should be clarified in the course of an out-of-court settlement, which is why third parties who use third-party logos without permission are usually threatened with a warning under copyright law.
In the course of this, the injured party can assert claims for damages and injunctive relief, among other things, and the infringer must expect to be billed for the lawyer's costs incurred in preparing the warning letter.
By the way! In principle, it is also possible to register a logo as a trademark and protect it for commercial use. Companies or retailers who use a logo that is protected by trademark law without permission are also threatened with a warning letter, however, significantly higher compensation sums are usually payable in industrial property law. Registration takes place at the German Patent and Trademark Office, which is responsible for the protection of trademarks and registered designs.
May my logo be used and published by the author?
The publication of my work on internet platforms (Instagram, LinkedIn, dasAuge) and on my website for the purpose of self-promotion is only done with your written consent. It is important to me that our business relationship is based on trust and therefore I would like to assure you here that any designs that are created during our collaboration and any internal communication are subject to my discretion.
Of course, a designer wants to publish their work, which is why I will ask for your permission to include your logo in my portfolio.
Your data is safe with me! I will explain your rights regarding your data and the general GDPR in our initial consultation. You can also view these on my website. To protect myself, I will ask you to sign a privacy policy.
Usage Rights for Photographs
If a photo has an artistic level of design, it is protected by German copyright law and, as already mentioned in the usage rights for the logo design, this remains 100% the property of the photographer. This means that anyone wishing to use the photo may normally only do so with the photographer's consent.
A photographic design service is basically made up of several components: the design service, i.e. the photo, the rights to use the photo and all other production costs such as travel, consumables, assistants, couriers, etc.
The allocation of usage rights is also possible in several gradations and restrictions and - similar to the logo design - can be individually adapted to your wishes.
Simple & Exclusive Usage Rights
- If a simple right of use is agreed for an image, the author may also grant simple usage rights to others. The photographer can therefore use an image multiple times at the same time.
- In the case of an exclusive usage rights, secondary use is excluded. The photographer cannot give the photo to another customer for use. However, the photographer may still use the photo.
- In the case of a "fully exclusive rusage rights", the photographer as the author may no longer use their own photo.
Further Limitations of Usage Rights
Both the simple and the exclusive right of use can also be limited as follows:
- Content Use
On which medium would you like to use the photographs? Print media (offline) or website (online) - Spatial Use
Where would you like to use the photographs? Internationally, worldwide, Europe-wide or rather regionally? - Time of Use
How long would you like to use the photographs? 1 year, 3 years, 10 years or even indefinitely?
Example: We agree that a photo may be used for 2 weeks (in terms of time) on a stand (in terms of content) and only on the exhibition grounds (in terms of space). Ultimately, this means that the price structure for photos is based on your scope of use. The usage factor is lower and this is reflected in a lower price.
If you don't want to restrict your use, it's worth thinking about additional rights of use. The advantage of a right of use that is unlimited in terms of time, content and territory is obvious: you only pay once and don't have to worry about possible infringements, regardless of how you want to use the image at some point.
Important:
If you simply use unresolved rights of use without having paid for them, you may be liable to prosecution. That's why it's important for me to discuss the use of your design services/photographs right from the start. Please also note that you may not make any changes to the logo or the photography unless otherwise agreed beforehand.
What happens to photographs in which you can be seen?
If we have photographed you or your team as part of a photo shoot, I will discuss your declaration of consent and the further use of the images with you in advance.
In order to protect myself legally, I will ask you to sign a declaration of consent for photo or film shoots.
Do you have any questions?
The whole subject of usage rights is not always immediately understood. That is perfectly normal. So don't hesitate to contact me. Together we will work out your needs in order to design the use of your logo or photography appropriately.
You can reach me via the contact form.