A client recently posed a question to me after reading my Logos, Symbols, and Branding post. They asked “One thing we had discussed…was copyright issues resulting from using a word in our [logo]. I was under the impression that the logo or symbol could be copyrighted, but not a word. Any thoughts?” It had been quite some time since I had reviewed the copyright material I received in college, so I had to go back and hit the books once again. In the process I came across a number of resources, and even more issues I was not aware of. But I will start by answering the question.
Defining Copyright
AIGA, the professional association for graphic designers, defines copyright in Copyright Basics for Graphic Designers as:
“Copyright is the exclusive right to control reproduction and commercial exploitation of your creative work. Copyright protects any kind of artwork, including illustrations, photographs and graphic design. Except under certain circumstances (see “work made for hire” below), you own the copyright in your work at the moment you create it in a “fixed” form of “expression.” A fixed form of expression is any tangible medium that can be perceived by humans, including traditional forms—such as paintings, sculptures, writings—and new forms that require a machine to perceive (e.g., GIF files, CDs, websites).”
Unfortunately I cannot find a clip of the trial from the movie Flash of Genius, as it illustrates a key point regarding copyright. Greg Kinnear’s character developed the first intermittent windshield wiper motor and was suing Ford for stealing it. While on the stand, he was asked something along the lines of “did you design and create each electronic component used in your invention? Did you invent electricity?” He had not; he had only arranged each element in a way that no one else had ever thought of before. This is basically what is meant by “fixed” form of “expression”.
Defining Trademarks
In Trademark Basics for Graphic Designers, the AIGA defines Trademarks as:
“A trademark is any phrase or symbol that functions as a brand; that is, it tells the public that there is a particular source or manufacturer for products or services (e.g., “Mattel” is a trademark for the toy company; the Apple logo is a trademark for the computer company). The scope of what can be a trademark is very broad—words, images, sounds and colors can all function as trademarks. Even packaging and promotional concepts for products or services can be protected as “trade dress,” which is another form of trademark rights (e.g., Apple’s iPod ads).”
It goes on to say that the “best” trademarks are those that are made up, such as “Xerox”. Because the spectrum of what constitutes as a “trademark” is so vast, it would be impossible to address every possible scenario for what should be considered a “trademark”. Consult a professional designer to assist you in your design legal issues.
What This Means
“Copyright does not protect words, typefaces, typographical logos or simple designs. However, many logos qualify as artwork that is protected by copyright.” AIGA Trademark Basics for Graphic Designers
To answer the question posed, the logo can quite possibly qualify for copyright. The word or phrase is viewed as a trademark and (to my understanding) must be protected as such. Federal trademark registrations can be expensive and time consuming, but state trademark registrations can be less expensive and time consuming. However, since this particular client operates in multiple states, it might prove to even out or even be less expensive and time consuming to proceed with the federal registration. More information can be found in the Trademark Basics for Graphic Designers article.
Side Note
Jacob Cass posted a rather revealing article on his site Just Creative Design, Copyright Laws & Trademarks In Logo Design. One thing that caught my eye in particular was that no fonts can be passed on to a client unless another license is bought. This is because most font license agreements limit for use on only one machine.