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Reproducing even a small part of the logo may infringe copyright if it constitutes a substantial part, which courts have held to mean an important, distinctive or essential part of the logo. The test courts apply to determine if a ‘substantial part’ of a logo has been taken is qualitative, not quantitative. If your logo has copyright protection, there will be copyright infringement if a ‘substantial part’ of it is used without the permission of the copyright owner. These include the right to be attributed as the author, the right not to have authorship falsely attributed to someone else, and the right of integrity of authorship. The original creator of the logo retains moral rights to the logo. Communicate the work to the public (to transmit the work electronically, including by putting it on a website, emailing or faxing it, and broadcasting it).Publish the work (to make the work available to the public for the first time) and.Copy or reproduce the work in a material form (including making digital copies and printing copies).The exclusive rights of the copyright owner vary, with owners of copyright in artistic works entitled to: Often businesses have written agreements with the graphic designer of the logo to provide them with the economic rights. The original author or creator of the logo owns copyright in a logo as soon the logo is complete. Relatively simple logos have been recognised by the courts as copyright-protected, so the creativity level required is not high. However, it must have been created by a human as opposed to being merely generated by a computer. Provided your logo had some degree of skill and effort involved in its creation, it will automatically qualify for copyright protection. This category includes paintings, drawings, sculptures, photographs, and more. Logos and copyright protectionĪrtistic works are among the categories of work protected by copyright. The Copyright Act 1968 (Cth) provides automatic protection for many categories of material, including logos which may receive protection as ‘artistic works’, as soon as they are created.

Logos signify brand and business identity, so it is important to ensure your logo cannot be copied without your permission.