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[Disasterman]

I currently just had a freelancer design a logo for me.  They are based in Russia and they said that the rights are all mine they just want to place in portfolio so they can show it to other clients; I said fine.  

My problem is they said they don't have anything to sign they are just giving me the logo in the required formats.  What do I do?   Will I still have the rights to it?

Also I have  a company I am starting up that will for now be strictly online.  Should I copyright the name and the logo?
I am in Florida so I plan on becoming a single member LLC.  Will the name automatically be protected once a registered LLC?

[JSonnabend]

You can file for a copyright registration if you'd like.  Problems may arise: (1) if the artist changes his mind and you have nothing to prove he assigned the rights; (2) if the mark is still in use when the artist's rights of reversion kick in; or (3) if you want to create a derivative of the logo (e.g., an updated design) using a different artist.  In any of these scenarios, you may find you have less (provable) rights than you need to accomplish your goals.

Third party created logos and the intersection of tm and copyright law are often discussed amongst IP attorneys.  There are some steps you can take to minimize or effectively eliminate substantial risk, but they pretty much all involve written agreements.

The LLC registration is effectively meaningless in this analysis.

- Jeff

[Disasterman]

Do you know where I can get a written agreement so it transfers 100% of ownership to me?

I found this, will it hold up?
http://www.findlegalforms.com/xcart/customer/home.php?cat=1020

[Lyza]

I looked at the provided site link, Disasterman, and the fact that you must pay for a document before you can review it to see if it meets your needs concerns me.  You might be better served by getting a copyright-qualified attorney to draft one that is all inclusive of the issues surrounding this matter.

Also, (and Jeff et al., you will know this) his linked site lists forms for copyright registration within individual "states".  I've never heard of a "State" copyright registration before and was unable to find any mention among several of SOS offices mentioned.  In my experience, copyright registration has always been a federal issue.  This is a new one.  Please enlighten.  Thanks.

[Isaac]

Also, (and Jeff et al., you will know this) his linked site lists forms for copyright registration within individual "states".

I did not attempt to look at the forms, but it appears that what is provided is a single form usable in all states.

[Disasterman]

What is the average cost of getting a lawyer to do this?

I am a college student, and as many know..well we just don't have a lot of money.

[Lyza]

Isaac,

Using his link, you are taken to a page that offers multiple forms, the first being "General Copyright Assignment Agreement."  When you click on that link, you are taken to this page, http://www.findlegalforms.com/xcart/customer/home.php?cat=1140, and the subsequent individual state forms listings.  Take a look and let me know what you think.  Thanks.

[JSonnabend]

I can tell you (a) I charge $425 for logo development/assignment agreements and (b) most attorneys charge more.  The agreements are most effective if executed before the logo is designed.

As for the downloadable legal forms, I'm suspicious.  My guess on the state-to-state forms is that they're "guaranteed" to be usable within the indicated state.  Perhaps they differ by choice of law/consent to jurisdiction provision, but I doubt the agreements even have such a clause.

- Jeff

[Disasterman]

Wow that is alittle more than I was expecting.  

Well the logo has already been developed, so what would you all suggest me too to insure the most protection?

[Isaac]

Isaac,

Using his link, you are taken to a page that offers multiple forms, the first being "General Copyright Assignment Agreement."  When you click on that link, you are taken to this page, http://www.findlegalforms.com/xcart/customer/home.php?cat=1140, and the subsequent individual state forms listings.  Take a look and let me know what you think.  Thanks.

It's as you say.   While most of the copyright forms are not for each state, state specific assignments are provided.  

Or at least that's how things appears to be.   The documents may be identical or they may appropriately differ in ways related to some state specific contract law detail.  There doesn't appear to be a way to examine them without paying and I ain't doing that.

Just to be clear, I don't mean my comments to be an endorsement or a trashing of the forms.  I've not looked at them.

[Disasterman]

Well, you can actually see a sample, maybe you could get an idea from that.

Click on the link
http://www.findlegalforms.com/xcart/customer/product.php?productid=27007&cat=1140&page=1#

and on the left side underneath "Help?" and "More Info" buttons there is a sample view.

What do you all think about it, if I purchase one and send it to the company or person in Russia and have it signed do you think it should have some enforcement on owning the logo

[JSonnabend]

The form assignment does what it does.  It doesn't provide you with any indemnification, it does not expressly provide rights to create derivative works (although those rights may exist inherently), and it does not provide you with rights after termination under 17 U.S.C.A. § 203 (which no agreement effectively can).

The agreement is certainly not one I would ever suggest a client use, but if you're comfortable with the risks inherent in the form, then by all means, use it.

- Jeff

[Disasterman]

Do you know of a assignment that I can purchase and use without having to have one made.

IT seems that there would be one out their for an artist to transfer the copyright of a piece of artwork

[Disasterman]

Well My logo is complete and If I use the document provided from the findlegalforms.com link.  

Can I email that to him and have him sign it and send it back(faxed or scanned and emailed) or does it have to be a hard copy signature

[JSonnabend]

A facsimile/pdf signature should suffice for most purposes, although a hard copy original never hurts.

- Jeff