Who owns copyright in a logo created by a graphic designer — the graphic designer or the company that commissioned the logo?
Businesses often fail to ask this question and incorrectly assume that if they pay a third party to create an advertisement, logo, software, website, photograph or other copyright work, they will own copyright in such works.
The Australian Copyright Act 1968 (Cth) generally provides for an employer to own copyright works created by employees unless there is an agreement to the contrary or the work was created outside the scope of employment. However, most third party created works are not treated in the same way.
Unless there is a written agreement between the parties in relation to ownership of copyright, subject to certain exceptions, it is likely the third party creator will own copyright in the work.
