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Copyright for the logo: protection for identification marks
From copyright.de, last update on: May 17, 2021
At a logo it is a graphically designed signwhich serves to Companies, brands, organizations or the like. These mostly small picture elements contribute to the Recognition value of a brand and make it easier for potential customers to Distinction. But with this form of representation it is possible that the Copyright protects a logo?
Logo copyright FAQ
There is no database in Germany with which the copyright for a logo or design can be checked. Instead, it can usually be assumed that most creations from the field of applied arts meet the necessary criteria. In the case of a company logo, however, there can also be the possibility that it is protected by trademark law. The German Patent and Trademark Office (DPMA) provides a database free of charge for checking.
Editing of works protected by copyright is generally only permitted with the consent of the creator. You should therefore contact them and get their permission. Ideally, you should write down the conditions for granting corresponding usage rights in order to avoid ambiguity and a possible legal dispute.
Once the necessary creative height has been reached, the copyright automatically protects the logo. Registration in a register or the like is therefore unnecessary. If you would still like to have your logo protected, this is possible, for example, with a registration as a trademark.
When is a logo subject to copyright?
The copyright protects various in Germany Works or types of work and thereby enables the artists to compete against possible Violations of law proceed. In order for a creation to actually enjoy this special protection, it has to get through creativity award and a personal design exhibit. If these criteria are met, the copyright can also apply to logo to grab. Finally leads Section 2, Paragraph 1 of the Copyright Act (UrhG) explicitly Applied art works as worth protecting on.
However, must Designer you logo according to copyright law do not check leave to an appropriate Property right to be acquired, this arises instead automatically with the completion. However, this also means that it can generally be assumed that the Copyright protects every logo, because one concrete review usually only takes place in the course of a legal battle.
In the course of Court hearing must the Judge then decide if the character is about that necessary height of creation disposes. For a long time the courts held that for Commercial graphics - to which logos usually belong - particularly high requirements to the Individuality and height of creation be valid. First that Judgment of the Federal Court of Justice of November 13, 2013 (Az. I ZR 143/12) changed this view, so that now for all graphicsuniform evaluation standards be valid.
Would like a person or company to be protected by copyright Use protected logoyou need that Consent of the Creator. This grants the permission for a recovery, he thereby clears a so-called Right of use a. Who for a logo Acquires usage rights, the applicable conditions should be included in a contract hold on to yourself legally secure.
Copyright infringement in the logo: what can threaten?
Who copyrighted works without the consent of the Creator duplicated or otherwise recovered, commits a Copyright infringement. If possible, this should take place in the course of a out of court settlement clarify why third parties who use third party logos without permission, usually a Warning threatens.
In the course of this, the Injured party amongst other things Claims for damages and omission assert. In addition, the infringer must expect that the Lawyer costs will be billed for the Creation of the warning incurred when the copyright for a logo was infringed.
A violation can also be present when third parties have illegally entered a Change logo, because copyright prohibits the Distortion or other impairment of a work. This follows from § 14 UrhG. Since this is a so-called Moral law acts, the author can also use this power not transferred.
By the way! In principle, there is also the option of a Register the logo as a trademark and for the commercial use to be protected. Companies or dealers who illegally enter through the Trademark law Using a protected logo is also a threat Warning, however, im commercial legal protection usually significantly higher compensation amounts to pay.
Copyright for the logo - short and compact
As Logos are graphical characters that come from the area of applied arts come. Among other things, they identify companies and can therefore also be used as brand play a role. It is basically possible that the Copyright protects a logo and the artist to make claims in the event of a legal violation compensation can assert.
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