Copyrighting/Trademarking a Logo?

[Ihmhi]

This is taking place in the State of New Jersey.

If it is of any concern, I am 19 years of age, and thus a legal adult.

My mother recently told me that a friend of hers wishes for me to create a logo for his record company. I had a few legal questions, and, being unable to find the information on my own, I decided to come here and ask openly.

My issue is this; if I create the logo, I want to be able to share the copyright to it. That is, I want to give them the right to use the logo on their records, letterhead, merchandise, etc., but I want to retain my claim to its creation.

Also, would I be able to collect royalties on the logo if it is used in their merchandise, records, etc.? My mother basically told me "if he likes what you come up with, he will use it and pay you for the work". But I do not want to just be payed once and then have my work used over and over again without being compensated for each instance.

This is quite the conundrum for me; legal issues are always so foggy, so I need help on the specifics. I guess when it comes down to it, I want to know this:

If both parties agree to the terms, would I be be able to collect a royalty on all instances of a logo I created for another company, since I am its creator?

Thank you for any and all help you can provide. ^o^

[divgradcurl]

If both parties agree to the terms, would I be be able to collect a royalty on all instances of a logo I created for another company, since I am its creator?

Yes, of course.

The general rule is that if you are hired as a contractor, consultant or free-lance to create something for another, unless you explicitly transfer the copyright to them after you are done, you retain the copyright, and they get a license to use the work.

However, don't expect them to agree to give you royalties -- that's just not how these things are usually handled. Plus it's a paperwork nightmare, and could come back to bite you -- depending on how you define the royalties, its almost always possible to "adjust" the books so that you aren't eligible for any royalties...

[Ihmhi]

Could you expand on the issues at hand here? Since it is doubtful I could get royalties or something, is there anyway I can benefit from my logo being used by them? And also, could you please expand on this licensing thing? I am sorry if I am being a bother, but I have intense foresight when it comes to these things, and I want to be very clear to this person should they choose to use my work exactly what the relationship will be, business-wise.

Thank you. ^o^

[divgradcurl]

Since it is doubtful I could get royalties or something, is there anyway I can benefit from my logo being used by them?

Well, normally you would just negotiate a fee for creating the work, and get paid once for the work. You can ask for royalties in lieu of an up-front payment, but how are you going to keep track of what they owe you? -- that's always the tough part with royalties.

And also, could you please expand on this licensing thing?

I'm not sure what you are asking here.

[Ihmhi]

I was asking what you meant by licensing the logo to them. Do you mean an agreement where I retain ownership of it but permit them to use it?

[divgradcurl]

Originally Posted by Ihmhi

I was asking what you meant by licensing the logo to them. Do you mean an agreement where I retain ownership of it but permit them to use it?

That's what a license is.

There a lot of different ways to construct a license agreement, you may want to do some searching on Google or head to a library, or better yet, talk with a local attorney, about drafting an enforceable licensing agreement.

[johnguerin]

if you think they are going to be happy to "license" the logo from you forever and ever, you are in for a surprise.

they will just find someone else to do the logo.

unless you happen to be an established designer with an extensive portfolio and the Client "must" have your design at all costs, you have no leverage to get them to "license" the design from you.