Do I actually own my logo and website content?

Perhaps the biggest misconception around logos and website content is that if you pay someone else to create these for you, you will automatically own them.

While the general rule of copyright is that whoever created the copyright work owns the copyright, there are some exceptions in terms of the law and it’s important that any business understands when these expectations kick in. 

If you commission someone else to design an artistic or literary work (like a logo, or copy for your website, or the website layout itself), even if you pay them to do this, you are probably not entitled to claim that you are the owner of the copyright.

The complexity does not end there. For example, if you commission someone else to create a label for a product or to create a new logo for your company, you are probably not the owner of the copyright, but you as the client probably have an implied licence to use these for your business. 

Given this grey area of the ownership of and right to use copyright, how do you make sure everyone involved knows who owns the copyright?

Copyright is a form of property that can be transferred in various ways, one of which is an assignment.  All assignments, to be valid, are required to be in writing and signed by the person assigning the copyright in the work.  You can also enter into an agreement to assign the copyright in respect of future works, or existing works where copyright does not yet exist.  If ever you are involved in a commercial transaction in which you require someone else to create a copyright work for you, or a series of works for that matter, it is advisable to have a document clarifying eventual ownership. 

In summary, before you commission another to create something for you or before you agree to create something for someone else, take a moment to think about the ownership of the copyright in your creation.  The best way to avoid complications further down the line is to put everything you discuss and agree on in a formal written agreement and have both parties sign it.