You Paid for the Logo. Do You Own It?

You hired a designer to create your logo. You paid the invoice in full. So you own the logo.

Maybe not. And that surprise tends to show up at the worst possible time: when you try to register the logo as a trademark, sell the business, or stop the designer from reusing it.

Paying for it isn't the same as owning it

Under U.S. copyright law, the person who creates a work generally owns the copyright in it. If that person is your employee acting within their job, the business owns it. But most founders don't hire employees for this. They hire independent contractors: freelance designers, copywriters, photographers, developers, and brand strategists.

With an independent contractor, the default rule is that the contractor owns the copyright in what they create, even if you paid for it, unless you have a written agreement that transfers it to you.

"Work made for hire" won't always save you

Many templates include a line saying the work is a "work made for hire." For independent contractors, that label only works for certain specific categories of work listed in the Copyright Act, and only when both sides sign a written agreement saying so. A logo or website design often doesn't fit neatly into those categories.

That's why a solid contractor agreement doesn't rely on the work-for-hire label alone. It also includes a clear assignment of intellectual property rights as a backup.

The clauses every contractor agreement needs

  1. IP assignment. The contractor assigns all rights, title, and interest in the work to your business, effective on creation or on payment.

  2. Scope of work and deliverables. Exactly what you're getting, including source files, not just a flattened PNG.

  3. Payment terms. What you owe, when, and what happens if a milestone slips.

  4. Confidentiality. Your launch plans, customer lists, and product details stay private.

  5. Portfolio use. Whether the contractor can show the work in their portfolio, and when (for example, after your launch).

  6. Pre-existing materials and third-party assets. The contractor confirms the work is original and discloses any fonts, stock images, or templates that carry their own licenses.

Already have work without an agreement?

It's fixable. A short written IP assignment signed now can transfer ownership of work that was already created. It's much easier to ask while the relationship is good than after a disagreement.

Your brand is your most valuable asset. Make sure the paperwork says it's actually yours. We draft and review client agreements, contractor terms, licensing, and NDAs. Book a consultation to get yours in place.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

Previous
Previous

Before You Order the Merch: Why the Clearance Search Comes First

Next
Next

™ vs. ®: What the Symbols Mean and When You Can Use Them