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ARTICLE · 26 JULY 2019

Logical? Logos Do Not Necessarily Enjoy Copyright Protection

The development of a company logo by a graphic designer took over a year.

GermanyIntellectual Property

The development of a company logo by a graphic designer took over a year. Nevertheless, in a recent decision Frankfurt Higher Regional Court ruled that the work is not copyright protected – the "required minimum degree of aesthetic content" had not been achieved (Frankfurt Higher Regional Court, June 12, 2019, Case 11 U 51/18).

In addition, the client was granted a free, perpetual right to use the logo. The decision shows not least that companies should protect their logos differently, such as by trademark or design protection.

Graphic design works may also obtain copyright protection. However, with a view to other protected types of work such as literature, art, and music, not every trivial, manual work is supposed to be protected by copyright. It follows from case law that certain conditions must be met: There must at least be design leeway that is used creatively by the creator. The Higher Regional Court stated that the design can, however, only establish

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