Many business owners think that they own a copyright to their logo but actually only have a non-exclusive license to use of their logo image. A contractor providing creative work, such as a graphic designer, is not required by law to assign copyright to a contracting party unless a written agreement stating this obligation is executed before the contracted work is initiated. This deficiency can easily be repaired if the contractor is amenable by executing a separate written assignment agreement. Be aware that verbal commitments to transfer copyright ownership are extremely hard to enforce if the non-employee creator of the work fails to actually execute a written assignment.
Patrick Reilly, Esq. is an intellectual property ("IP") consultant with the TECH FUTURES GROUP, the founder of Intellectual Property Society, and a practicing IP attorney. His law practice encompasses patent prosecution, creative rights management, IP issues of start-up formation, trademark prosecution and assertion, copyright protection and assertion, and trade secret policy. Patrick has a special commitment to encourage civic engagement with the evolution of intellectual property law, personal data rights and Internet identity.
He is a graduate of the Defense Language Institute in Russian Language Studies and has earned a BS in Sociology from the State University of New York, a BS in Electrical Engineering from the University of Toledo and a JD from Concord Law School. Patrick is a member of the U.S. Patent Bar and the California State Bar.