Artistic Copyright

Copyright Law can be used to protect the artistic element of a trade mark logo for up to 70 years following the artist's death. Copyright protection does not extend to plain word marks, even if the word is invented - e.g. EXXON or KODAK.

It is important to keep complete records of the creative process, and to obtain assignments of the rights in the relevant artistic work from the creator(s) (if not yourself).

Advantages: Cheap and potentially international

Disadvantages: Limited applicability (word marks and non-original artwork are not protected); only copying of the particular artwork is covered (similar marks may not be actionable, and independent creations will not be infringements); can be difficult to prove existence, ownership and/or infringement, e.g. if records are incomplete

Costs: Low (professional advice on record-keeping/assignments may be required)

Marking: © (Owner's name) (year of first publication)