Copyright and Logo: Your Rights

Questioner

1. In the nineties, I designed a logo for the company where I worked at the time, which is still used today in all four of the company's locations in many different expressions (printed matter, packaging, websites, signs, on vehicles). 2. I worked in this company as a technician and making logos was not part of my job. I did this as a sideline from a one-man business. 3. During the time I worked for the company, I tacitly gave permission for the use and no verbal or written agreements were ever made about the use of the logo. 4. Since January 1, 2012, I have no longer been employed by the company and have reported that the copyright of the logo belongs to me and that I withdraw permission for use and agree on a one-time or annual fee for the use of the logo. 5. The company refuses to pay compensation on the basis of the distinction between right of use and copyright, stating that it acquired the right of use after such a long period and that it cannot be terminated unilaterally because no agreements were made at the time. 6. Is my claim justified and if so, what should I do?

Lawyer

Your claim seems justified to me at first glance. You can write to your former employer and demand that they immediately cease using the logo you designed or that you consider starting proceedings. I also advise offering to license the logo, in which case you will have to come up with the amount of the license. Is it wise to actually start legal proceedings? That depends on whether your claim also appears to be 'solid' upon closer examination. The point in cases concerning intellectual property rights is that the winner (whether it is the plaintiff or the defendant) can claim full compensation for the legal costs incurred. That can run into tens of thousands of euros. I therefore advise you, if you are actually considering starting legal proceedings, to have your claim reviewed very critically by a lawyer who specializes in this area (an office colleague of mine could assist you with this).