Merchandizing: Conflicts with Trademarks/Copyrites
polycounter lvl 17
I'm seeking some advice from those of you who have done a significant amount of contract work.
I may have an opportunity to compete in the creation of a logo for a small university as one of several venders. The contract I would have to agree to basically says I'd need to create a minimum number of icons, fonts, and combination of one of those icons and fonts to form a complete logo. Having done so, I would then be paid for my work (~$500), but would lose all rights to that work regarless if my logo/fonts etc is chosen or not.
My question to you all this. If I opted not to design a logo for the University but instead marketed my logo on merchandise around town (shirts, caps, etc)...would I run into any legal issues? I know I've been to stores selling unofficial merchandise that has original logos and such on t-shirts before. I feel like I might be able to profit more in doing this locally (as the market is not even close to saturated with this kind of thing in my area yet), rather than taking my $500 and running. Of course, I wouldn't have the chance for bragging rights for having created the official logo if I did this...however.
Any advice or comments?
I may have an opportunity to compete in the creation of a logo for a small university as one of several venders. The contract I would have to agree to basically says I'd need to create a minimum number of icons, fonts, and combination of one of those icons and fonts to form a complete logo. Having done so, I would then be paid for my work (~$500), but would lose all rights to that work regarless if my logo/fonts etc is chosen or not.
My question to you all this. If I opted not to design a logo for the University but instead marketed my logo on merchandise around town (shirts, caps, etc)...would I run into any legal issues? I know I've been to stores selling unofficial merchandise that has original logos and such on t-shirts before. I feel like I might be able to profit more in doing this locally (as the market is not even close to saturated with this kind of thing in my area yet), rather than taking my $500 and running. Of course, I wouldn't have the chance for bragging rights for having created the official logo if I did this...however.
Any advice or comments?
Replies
But IIRC, copyright law allows for some level of parody. If it's a clearly humorous take on their logo, you're probably OK. But at some point it may cross the line into defamation or misrepresentation of their "brand," which can prompt the company/school to serve you with a notice.
Not fun, especially if you've invested some dough in making the products.
Sometimes it's fine to do a for-hire contract, where you retain no resell rights. Money is money.
You could insert a sentence into the contract saying that you have the right to use the logo in personal promotional materials, just so you can use it to get more work. People are usually cool with that.