Web Design Forums

Rakan · 09-10-2005, 22:08

Just out of curiosity... does anyone know what the legalities (if any) are on displaying logos in portfolios? Are we limited to displaying a certain resolution? Does it really matter? Do we have to have a disclaimer notifying viewers of the legal ownership of the logo?

Just something I've been pondering about, and would like to know what you guys and gals think

... what do YOU do?

pgo · 09-10-2005, 22:12

Not sure about UAE laws, naturally.

But I would think that it would be OK. I mean, you'll be saying "I designed this logo for so-and-so" so it's not like you're infringing their copyright by using their logo as your own.

If you're really concerned, you could always drop an email to the client and ask them if they mind you using it in your portfolio.

Same with websites. I make it known to people that I'll want to use screenshots and whatnot in my portfolio. I'm sure they won't mind - it's basically free advertising for them.

Rakan · 09-10-2005, 22:51

Quote:

Originally Posted by pgo

But I would think that it would be OK. I mean, you'll be saying "I designed this logo for so-and-so" so it's not like you're infringing their copyright by using their logo as your own.

Good point...

d*d · 10-10-2005, 05:04

depends on the medium, if it's an online portfolio then you are effectivley (and legally) publishing it, and you don't have the copyright to do so - the company in question may not want links to your company (free advertising or not) - and they are well within their rights to refuse it's use. You should ask when you are doing the job if you will be allowed to use it in your portfolio or not (this includes the work you produce - you don't have the copyright to that either)

Rakan · 10-10-2005, 10:31

OKay, well we're getting closer to my point... is there a legal obligation on us as designers to ask our clients for permission? I have had clients ask me not to link to their site for a number of reasons... primarily because some do not want people thinking that myself and their company are one entity... but other than that I have never actually considered the obligation to ask permission... as far as I know, it is international law that any work we come up with, we have creative rights to. This means that even though we do not actually have legal rights to the design or logo, we have every right to claim that we designed it. This accounts for possible awards, etc. for the designs. So, even if we create a logo for a company... and they copyright it or trademark it... we can still claim that we designed it. But I learned about this years ago so it could easily be out of date, or even just plain wrong...

So, my question in particular is this... is their a LEGAL obligation (UK,USA,or international) on us to ask clients for their permission to post designs?

briljant oranje · 10-10-2005, 10:58

it should be written in your contract - ours has a section on copyright and states that the client agrees to give us permission to use the work for our portfolio, and any competitions or industry awards etc.

it also has a section saying that once work is complete and final payment is recieved, the client owns the work and any copyrights outright.

this still doesn't answer your question though.

just put in in your contracts and you're fine.

d*d · 10-10-2005, 11:05

Quote:

Originally Posted by Rakan

... as far as I know, it is international law that any work we come up with, we have creative rights to. This means that even though we do not actually have legal rights to the design or logo, we have every right to claim that we designed it. This accounts for possible awards, etc. for the designs.

Authorship is what you are describing, and yes you can legally claim authorship of all design you create. There is no such thing as 'creative rights' and even if you have authorship you are still (in the eyes of the law) not allowed to make copies of the design for your own purpose, such as online portfolios. You need permission from your client, in future just make it clear in your terms and conditions, not many clients are going to say no without good reason.

09-10-2005, 22:08	#1 (permalink)
Rakan Senior Member Join Date: Mar 2005 Posts: 567	? A Legal Question ? Just out of curiosity... does anyone know what the legalities (if any) are on displaying logos in portfolios? Are we limited to displaying a certain resolution? Does it really matter? Do we have to have a disclaimer notifying viewers of the legal ownership of the logo? Just something I've been pondering about, and would like to know what you guys and gals think ... what do YOU do?

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09-10-2005, 22:12	#2 (permalink)
pgo i'm done, son Join Date: Jan 2005 Posts: 12,262	Not sure about UAE laws, naturally. But I would think that it would be OK. I mean, you'll be saying "I designed this logo for so-and-so" so it's not like you're infringing their copyright by using their logo as your own. If you're really concerned, you could always drop an email to the client and ask them if they mind you using it in your portfolio. Same with websites. I make it known to people that I'll want to use screenshots and whatnot in my portfolio. I'm sure they won't mind - it's basically free advertising for them.

10-10-2005, 05:04	#4 (permalink)
d*d Senior Member Join Date: Oct 2004 Location: Bristol Posts: 2,958	depends on the medium, if it's an online portfolio then you are effectivley (and legally) publishing it, and you don't have the copyright to do so - the company in question may not want links to your company (free advertising or not) - and they are well within their rights to refuse it's use. You should ask when you are doing the job if you will be allowed to use it in your portfolio or not (this includes the work you produce - you don't have the copyright to that either)

10-10-2005, 10:31	#5 (permalink)
Rakan Senior Member Join Date: Mar 2005 Posts: 567	OKay, well we're getting closer to my point... is there a legal obligation on us as designers to ask our clients for permission? I have had clients ask me not to link to their site for a number of reasons... primarily because some do not want people thinking that myself and their company are one entity... but other than that I have never actually considered the obligation to ask permission... as far as I know, it is international law that any work we come up with, we have creative rights to. This means that even though we do not actually have legal rights to the design or logo, we have every right to claim that we designed it. This accounts for possible awards, etc. for the designs. So, even if we create a logo for a company... and they copyright it or trademark it... we can still claim that we designed it. But I learned about this years ago so it could easily be out of date, or even just plain wrong... So, my question in particular is this... is their a LEGAL obligation (UK,USA,or international) on us to ask clients for their permission to post designs?

10-10-2005, 10:58	#6 (permalink)
briljant oranje Keep it foolish yeah? Join Date: Mar 2005 Location: Not Leeds Posts: 572	it should be written in your contract - ours has a section on copyright and states that the client agrees to give us permission to use the work for our portfolio, and any competitions or industry awards etc. it also has a section saying that once work is complete and final payment is recieved, the client owns the work and any copyrights outright. this still doesn't answer your question though. just put in in your contracts and you're fine.

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