Freelancer/outsourced designs & copyright assignment
Many people are now outsourcing designing for logos, websites, packaging etc. One thing I hadn’t really thought about until talking to some legal friends (thanks guys!) is who owns the copyright? Can I sell the ownership of these things on if I sell a business? Can I use the material for other things?
[Warning I'm not a lawyer]
In Australia, the answer seems to be that the designer owns it and if you want to sell a business then the rights to use the material is not transferable unless you have written it into some agreement with the freelancer/outsource company.
If you are selling a business/website and you don’t own copyright of things like your company logo, you may need to go back to the designer on hands and knees or with a fat wallet to get the copyright assigned to you. If you have been successful in creating a good business, the cost of getting that copyright may increase.
It seems that a good way to approach any work is to make sure you complete a Deed of Copyright Assignment at the time of doing the job. I bought my template for a Deed of Copyright Assignment from lawlive.com.au for AU$40. I have had a good experience with lawlive and have used them twice. A little effort may save big headaches later.
Having said that, if you have a good designer/freelancer/outsource company, they are worth their weight in gold and it’s always worth looking after them if you make the ‘big time’ ;)
You can leave a response, or trackback from your own site.
