June 6, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office

 

 

As a designer, if your design contract with the client does not explicitly state who owns the copyright, then both moral rights and economic rights belong to you!

 

Further Discussion

As a designer, have you signed a contract with your outsourced partners?

According to the Copyright Act, if there’s no written contract, the outsourced personnel hold both moral rights and economic rights.

As the commissioning party, you only have the right to use the work, and by law, cannot reuse the work elsewhere.

 

According to Article 12 of the Copyright Act:

Paragraph 1: In the case of a work created by a person commissioned and paid to complete it, unless the previous article applies, the commissioned person is considered the author. However, if the contract states that the commissioning party shall be the author, such terms shall prevail.

Paragraph 2: When the commissioned person is deemed the author, the ownership of the economic rights shall be determined by the contract. If the contract does not specify ownership, the economic rights shall belong to the commissioned person.

Paragraph 3: If the economic rights belong to the commissioned person, the commissioning party has the right to use the work.

 

Are you a designer or a startup founder about to commission a logo design?

Be sure to review your design contract or quotation carefully to ensure that it meets your needs!

 

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