In order to continue being a thriving, innovative business, Spicy Broccoli Media must keep up to date with all laws regarding creative and intellectual property. In particular, the full ownership and Copyright on all creative work which Spicy Broccoli Media produces. As the creators of artwork, details of these laws are always shared between the client and us. This is because we retain the right to be recognised as the creators, and the client gets the right to copy or right to reproduce the artwork for the purpose it was created. For example, when we create logos, the client is entitled to use it on their products and marketing materials, e.g. websites; brochures; TV commercials, for as long as they is in business. As the creatives behind the project, we keep your logo safe; as no part of that logotype can be used for the creation of new artwork such as new logotypes for different businesses or/and entities. Our client gets exclusive rights.
Copyright is part of Intellectual Property (IP) as it stems from a person’s thoughts and creativity. The owner of the copyright is the author, giving life to a created piece of art, music or product.
According to the Australian Copyright Council (ACC), a design is automatically protected by copyright, if it is:
– An artistic work as defined in the Copyright Act;
– The result of some skill and effort, and not merely copied from somewhere else;
– Fixed or captured for example, on paper or on a computer disk. In that respect, all concepts, designs, sketches and ideas we present to clients remain 100% the copyright of ADS.
Once a design is approved, the client has the right to use the approved designs for the purpose they were commissioned for. Sharing copyright with our client’s means we are always acknowledged, whenever appropriate, as authors of the creative work. IP is always ours, and the rights to reproduce the design, -the copyright-, goes to the client. After the design process has been completed and payment for the logo or design has been finalised, the copyright to use the final individual logo or design are then transferred to you and you own them. However, we do not include the final IP or working files, they remain under the ownership of ADS, we also own the full rights to any creative concepts not chosen.
In the event of using stock images or clip art, copyright remains that of the original photographer/s or stock image provider/s and can only be used according to their terms and conditions. In general, purchasing stock images or clip art only means buying a license and the design remains the property of the seller.
For more information about Copyright, please visit the Australian Copyright Council website at http://www.copyright.org.au.
Yours in design,
The team at Spicy Broccoli Media