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Is Registered the same as Copywrited



 
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Old June 1st, 2008 Jun 1, 2008 11:06:47 AM -   #1 (permalink)
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Default Is Registered the same as Copywrited

Looking to do a small job that the logo is registered. Should I just get a letter of approval,(and from whom) or do I need to pay royalties or what do I need to do? The art work is no problem to do, but the legal end worries me. Any help would be greatly appreciated.
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Old June 3rd, 2008 Jun 3, 2008 6:29:15 PM -   #2 (permalink)
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Default Re: Is Registered the same as Copywrited

"Registered" generally means trademarked, so basically it's the same as copyrighted. You will need a release from the registered owner, and they may or may not allow you to reproduce the art. Understand that anytime a unique design is created by anyone, it has an automatic implied copyright. Just because there's no copyright symbol on the art does not mean it can be copied.
If not sure, run a check with the copyright office, but all too many times a customer will bring you a t/shirt design that was printed by another screen-printer, and wants you to reproduce it.
If it looks unique, then I would have the customer sign an agreement that they (the customer) will indemnify you against any copyright legal liability, unless the customer can prove they own the art design.
In most cases, artwork prepared by a staff artist is owned by the company paying his/her salary (work for hire), whereas, if the artist is freelance (working for themselves) then the artist owns the copyright unless they release their copyright to whomever they choose (generally the company paying the artist fee).
 
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sandollar (June 5th, 2008)
Old June 5th, 2008 Jun 5, 2008 6:47:09 AM -   #3 (permalink)
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Default Re: Is Registered the same as Copywrited

Thanks Brian for the info. I had a felling that was the case and I glad you confrimed what I thought.
I will get a release letter or no deal.The job is too small to risk that kind of trouble.
Thanks again.
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