who owns the logo

JEL

I have an employee who created a new logo for the company two years ago, on company time, on company equipment, on company software. Now, she is disgruntled over "window coverings" in her office and has declared she owns the logo and she is withdrawing permission for the company to use it. I think she has no ownership since it was created specifically for the company and we have been using it for two years. She did not indicate at the time she believed it to be her personal property. We have no official policy regarding creative work as we do very little of it.

JEL

lnelson

If she did in the course of her job duties and as a directive given to her by her supervisor, it is the companies property.

However, if she was using her own equipment and time you would need some type of agreement stating that although she created it, it is the the companies property.

WT

A logo can be owned under a patent or trademark sort of agreement. (Think of Pepsi for instance.) However, you would need to register the logo under the laws of your particular state. Once this is done, nobody else can use it without liability of being sued. Unless you register your logo, or the employee does so, I doubt that either one of you owns it. If this is an important part of advertising or company recognition, go and get it registered now to avoid future arguments or change it now before it gets any more valuable over time.

System

[font size="1" color="#FF0000"]LAST EDITED ON 02-23-06 AT 08:35AM (CST)[/font][br][br]Under a past employer, we had an "Invention and Technical Development Agreement" that was part of the new hire packet, which in essence stated any product, system, intellectual research/analysis and/or artwork developed by an employee on company time, utilizing company equipment, tools, systems or software were the sole property of the company. I would suggest you implement same. In the meantime, check with a good Patents and Trademarks attorney for guidance on your issue. I feel you have a very solid case of "ownership" of the logo.........but I'm no attorney

ray a

All of our employees sign a Nondisclosure Agreement that says in part:

I hearby agree that any inventions or improvements and any work of authorship that I may originate, conceive, make, invent, or suggest during my employment... shall be the absolute property of Company...

LarryC

The "work-for-hire" provision of the Copyright Act of 1976 says that if the work was done as a part of the employee's duties, the copyright for that logo belongs to the employer. Is that the case here, Jel? If so, it's a done deal.

If she did it out of the goodness(?) of her own heart but did it on company time and property and it's directly related to the company (which I assume a logo is), the issue is a bit cloudy and is now in need of some legal interpretation. The "fair use" provision may now come into play also.

Have fun and let us know how this turns out.

Paul in Cannon Beach

Here's a pretty good link that explains the concept of "work for hire" that Larry has mentioned above.

[url]http://www.copyright.gov/circs/circ9.html#determining[/url]

Given the scenario as described, I would say that the logo belongs to the employer.

I would also say that the ee is behaving immaturely and needs a fairly direct conversation about the proper way to handle dissapointment in the workplace.