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eea6afa8
Community Member

Logo designing

Hello All,

 

Please help me understand, how do I know whether a logo designed by an upwork freelancer doesn’t have copyright issues with other firms.

 

I’am not sure how valid my question is however I’am afraid about getting a logo design copied by a graphic designer for reference from other existing logos of another registered firm.

Please explain/advise.

 

Many thanks for the guidance,

Pravin

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prestonhunter
Community Member

Pravin:

This is a good question.

 

The answer is probably a lot more complex than you imagined. You're getting into copyright law and to a certain extant maybe even trademark law, which is related but a whole different matter.

 

But let's start out with the easy part:

This is between you and the freelancer. As explicitly described in its ToS and legal pronouncements, Upwork 100% removes itself from these matters. Upwork does not offer any guarantees or assurances about copyright issues when it comes to work that you hire freelancers to create for you.

 

Now, as for your question:

When you are talking about logos, you're often getting into the area of tradmarks rather than copyright. Trademarks and copyrights can both be registered with the federal government. But registration is quite different, and the importance of registration is quite different. As a practical matter, most copyrighted material is NOT registered. If you write a poem, you own the copyright to that poem. You don't need to register anything to own the copyright and to be able to protect your rights as the copyright owner. Legitimate trademarks ARE registered.

 

A trademarked logo is both a name and the distinctive depiction thereof. So the "Upwork" name and logo, for example, is probably trademarked.

 

If a designer creates a logo for you that reminds you of somebody else's logo... Well, they are are NOT using somebody else's trademark, because the name is different. Are they violating somebody else's copyright?

 

In most cases, they probably aren't. If they make a logo for you that has a large first letter, which is capitalized. And that letter is red. And then the rest of the company's name is green. And the font is Arial Black... And maybe some other company uses the same combination of colors and font... Is this a copyright violation?

 

There are only so many colors and fonts and ways you can put them together. And there are millions of companies. So it is likely that there will be overlap.

 

Similarities like that do not mean you are going to have copyright violations.


But what if the designer lifts a distinctive illustration of a monkey riding a bicycle, an image used by the "Apecycle Inc." bicycle repair shop, and uses it in the logo they design for your company: "Monkey-See Monkey-Do Bike Fix-it Shop".

 

Could there be a copyright issue? Yes.

 

What if your design is made from 3D letters, and another company's is made from 3D letters? A copyright issue? Probably not.

 

What if they're the exact same letters... the same renderings? Same colors and font? Maybe. Maybe not.

 

So it really depends.

 

The truth is that there ARE common software packages as well as common techniques that logo designers use. There is bound to be some overlap. For the most part, you shouldn't have anything to worry about. Using the same name as somebody in your industry is a much bigger concern than using a logo that looks similar to some other logo.

 

If you're a one-person business just getting started, I doubt that any incidental similarities between your logo and somebody else's is going to cause you any problems at all. If you're a large company, then you will simply have your company's legal team handle this question. You certainly won't be taking advice from the Upwork Community Forum, and especially not from someone like me who has absolutely no idea what they're talking about.

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11 REPLIES 11
prestonhunter
Community Member

Pravin:

This is a good question.

 

The answer is probably a lot more complex than you imagined. You're getting into copyright law and to a certain extant maybe even trademark law, which is related but a whole different matter.

 

But let's start out with the easy part:

This is between you and the freelancer. As explicitly described in its ToS and legal pronouncements, Upwork 100% removes itself from these matters. Upwork does not offer any guarantees or assurances about copyright issues when it comes to work that you hire freelancers to create for you.

 

Now, as for your question:

When you are talking about logos, you're often getting into the area of tradmarks rather than copyright. Trademarks and copyrights can both be registered with the federal government. But registration is quite different, and the importance of registration is quite different. As a practical matter, most copyrighted material is NOT registered. If you write a poem, you own the copyright to that poem. You don't need to register anything to own the copyright and to be able to protect your rights as the copyright owner. Legitimate trademarks ARE registered.

 

A trademarked logo is both a name and the distinctive depiction thereof. So the "Upwork" name and logo, for example, is probably trademarked.

 

If a designer creates a logo for you that reminds you of somebody else's logo... Well, they are are NOT using somebody else's trademark, because the name is different. Are they violating somebody else's copyright?

 

In most cases, they probably aren't. If they make a logo for you that has a large first letter, which is capitalized. And that letter is red. And then the rest of the company's name is green. And the font is Arial Black... And maybe some other company uses the same combination of colors and font... Is this a copyright violation?

 

There are only so many colors and fonts and ways you can put them together. And there are millions of companies. So it is likely that there will be overlap.

 

Similarities like that do not mean you are going to have copyright violations.


But what if the designer lifts a distinctive illustration of a monkey riding a bicycle, an image used by the "Apecycle Inc." bicycle repair shop, and uses it in the logo they design for your company: "Monkey-See Monkey-Do Bike Fix-it Shop".

 

Could there be a copyright issue? Yes.

 

What if your design is made from 3D letters, and another company's is made from 3D letters? A copyright issue? Probably not.

 

What if they're the exact same letters... the same renderings? Same colors and font? Maybe. Maybe not.

 

So it really depends.

 

The truth is that there ARE common software packages as well as common techniques that logo designers use. There is bound to be some overlap. For the most part, you shouldn't have anything to worry about. Using the same name as somebody in your industry is a much bigger concern than using a logo that looks similar to some other logo.

 

If you're a one-person business just getting started, I doubt that any incidental similarities between your logo and somebody else's is going to cause you any problems at all. If you're a large company, then you will simply have your company's legal team handle this question. You certainly won't be taking advice from the Upwork Community Forum, and especially not from someone like me who has absolutely no idea what they're talking about.

To certain extent it also depends on how much you are paying to design the logo.  In general, higher priced designers will try to create something unique.  Those who deisgn logs for $5 would and are more to pick up things from here and there.

 

Once you have made the log and put n your website do a google search on the image. Google will find if that image is used someplace else.

Am Godbless sir, a Upwork freelancer I can do the graphic design without any copy writing logo

eea6afa8
Community Member

Thank you Prashant and Preston for the great bunch of information. I am more confident now. 🙂

084aa24e
Community Member

First of all, Check your sellers profile before giving him the job . Then if you give him the job ask him for a screenshot before delivering his work . Then try searching the photo using Google Lense . It may help you a lot .

d62efbac
Community Member

There are several ways to check that a logo designed by a freelancer does not infringe on the copyrights of other companies:

1. Conduct a search for similar logos on the internet using search engines. If the logo is too similar to one already used by another company, it may be a copyright violation.

2. Contact the freelancer and ask if any research or checks were done for the originality and uniqueness of the logo.

3. Consult a lawyer or copyright specialist. They can help with the necessary checks for originality and uniqueness of the logo.

In any case, it's important to ensure that the logo designed by the freelancer is original and does not infringe on the rights of other companies.

d5924673
Community Member

In the design, popular colors and creative elements can be used, and more complex types and graphics can be used to create a sense of fashion and high quality, to attract the attention of the target customer group.

I have no idea what your comment has to do with what OP is asking.
By the way, your photo cannot be a logo, it must be yours.
And if you create logos, using a stock one as a photo doesn't speak very well of you.

So escuse me for describe ok .Do you need to me help you

 

3fd18e6f
Community Member

Am Godbless sir, a Upwork freelancer I can do the graphic design without any copy writing logo

276472c9
Community Member

When hiring a freelancer on platforms like Upwork to design a logo, it's important to ensure that the final design doesn't infringe upon the copyright of other existing logos or registered firms. Here are a few steps you can take to minimize the risk:

  1. Research and provide clear guidelines: Before hiring a freelancer, do some research on existing logos in your industry. Identify any trademarks or unique designs associated with established firms. When briefing the freelancer, provide them with clear guidelines and examples of what you're looking for, while emphasizing the need for originality.

  2. Check the freelancer's portfolio: Review the freelancer's portfolio to get an idea of their previous work. Look for signs of originality and ensure that their designs don't closely resemble existing logos. If you notice any similarities, discuss your concerns with the freelancer and ask for reassurance regarding their ability to create unique designs.

  3. Specify originality and copyright ownership: Include clauses in your contract or agreement that emphasize the need for originality and grant you full copyright ownership of the final logo. This ensures that the freelancer won't reuse the design for other clients or claim ownership themselves.

  4. Conduct a preliminary trademark search: You can perform a preliminary search to check for any similar trademarks or registered logos using online databases or trademark search engines. This step can give you an initial indication if there are any potential conflicts. Keep in mind that this search might not be exhaustive, and it's still recommended to consult with a legal professional for a comprehensive trademark search if you have concerns.

  5. Consult with a legal professional: If you're unsure about the potential copyright issues with the logo, consider consulting with an intellectual property lawyer. They can provide expert advice and help you assess the originality of the design and its potential infringement risks.

Remember, while these steps can help minimize the risk, there's no foolproof method to guarantee complete avoidance of copyright issues. However, by conducting thorough research, providing clear guidelines, and seeking legal advice if necessary, you can greatly reduce the likelihood of infringing upon the rights of other firms.

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