D DEED

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OWNERSHIP

Who owns the logo my designer made?

THE SHORT ANSWER

In most cases the designer owns the copyright in the logo they drew, even after you have paid the invoice, unless a written contract assigns those rights to you. Without an assignment clause you typically hold only an implied licence to use the logo, which can be limited and revocable. Ask for a signed IP assignment before you build a brand around the mark.

Why payment does not equal ownership

Commissioning work and owning it are two different legal events. In both the US and the EU, copyright vests in the person who fixes the work in a tangible form, which is the designer holding the pen or the tablet. Paying an invoice settles the service fee. It does not, by itself, move the copyright to you.

This surprises a lot of founders. You assume that because you asked for the logo and paid for it, it is yours outright. Courts have not read it that way for decades. The fix sits in the paperwork, not in the invoice.

The clause that actually transfers rights

You need an assignment clause, sometimes called a work product or IP transfer clause, stating that the designer assigns all copyright and related rights in the deliverables to you upon full payment. This should be in writing and signed. A verbal agreement or an email thread saying "it's yours" is weaker evidence and harder to enforce if the relationship sours.

Freelance platforms and agency templates vary wildly here. Some default to licensing the work rather than assigning it, which lets the designer resell similar marks to your competitor. Read the terms before you sign, not after you launch.

United States versus European Union

In the US, without an assignment, you often hold an implied non-exclusive licence, which the designer can argue is limited in scope, for example to a specific use or medium. In the EU and UK, moral rights also stay with the designer even after an assignment, meaning they can object to distortion of the work in some circumstances, though this is rarely enforced against a simple logo redesign.

What happens if the designer disappears

If you never got an assignment and the designer is unreachable, you are exposed. A competitor or the designer's estate could theoretically challenge your use. This is precisely the gap that a Deed closes: it gives you a dated, signed, verifiable record of what you were told you owned, which strengthens your position even where the original contract was thin.

KEY FACTS

  • 01Copyright is created automatically and belongs to the author, not the payer, unless assigned.
  • 02An invoice or receipt is not proof of an IP transfer.
  • 03A written assignment clause, signed by the designer, is the standard fix.
  • 04Moral rights in the EU and UK can persist even after an assignment.

FAQ

Does using the logo publicly count as consent to own it?

No. Public use shows you exploited the work, not that you own the copyright in it.

Can I trademark a logo I do not own the copyright to?

You can file, but a rights dispute with the designer can undermine your trademark application or later enforcement.

What if the designer used stock elements?

Check the stock licence terms separately. The designer's assignment cannot give you more rights than the stock licence allows.

Is a freelance platform's standard contract enough?

Sometimes. Read the specific clause on IP transfer rather than assuming the platform handles it for you.

LAST REVIEWED 2026. g. 01. aug. · LATVIEŠU