Copyright issues for new business.

[PhilCoggill]

Hi there everyone, I've just started a graphic design business and i'm hoping someone out there might be able to help me with a bit of advice mainly surrounding copyright issues.
If i was to produce a piece of work for a client would I then need permission from that client to use that work in my portfolio or to advertise this work when tendering for more work? Also if I was asked to produce a logo for a client how do I no that my designs are not already being used by another company and could I end up with legal issues? Can someone help with these issues?

[strev]

Hey Phil - welcome to the EDF

If you have designed artwork for clients you are allowed to show these as examples of what you can do. It wouldn't hurt to ask your clients first. Very rarely, a client may not want their work shown for reasons unknown or confidentiality issues and you should respect those cases.

It is more than likely that a logo that you design has been done before. Sometimes exactly. Perhaps it is a minor variation, a font, colours or a line that is different. It is impossible to research this. If a company wants their logo trademarked or registered, then a firm specializing in intellectual property/trademarks can do the research–but again–probably not worldwide. The cost for even nationwide searches can be prohibitive.

Hope this helps.

[Cwilk]

Its not a bad idea to file a copyright on the logo itself first. That only costs $30 in the US. And while a copyright is different from a tm you'll have at least some protection of your logo art.

The chance that a logo you've done has already been registered as a trademark are very slim. And the gov't will normally judge ownership through date of first use and the fact that the company has to prove they are actively using it. Also most companies will send a C&D before taking you to court unless it is obvious you knew about their logo tm.