A lot of people assume that just because they pay a designer to create designs or a logo or a copywriter to create content, that they therefore automatically own the intellectual property (such as copyright) in that design, logo or content. This is an incorrect assumption. It is only when you have an express assignment of intellectual property right in the works, whether in the designer’s standard terms or in your bespoke contract, that you own the intellectual property.
It is important that you own the intellectual property rights in logos, content and designs as if you don’t, you may be restricted as to how you can use and modify that work. In addition, if at any stage you want to sell your business, a buyer will want to know that you have all the rights to the intellectual property used in your business.
If you need any advice on this area, a review of a contractor’s standard terms to check that they include a suitable assignment, the drafting of a bespoke contractor agreement or a standalone assignment of intellectual property rights (which can correct the problem after the event if you are still on friendly terms with your designer or content creator), please email us at support@lawyers4mumpreneurs.com.