SME IP protection Hong Kong: Who owns the copyright when I hire a freelancer to design my company logo?
In Hong Kong, unless otherwise agreed, the copyright in a work created by a freelancer usually belongs to the creator, not the client. Therefore, you typically do not automatically own the copyright unless there is a clear transfer or licensing agreement.
Understanding Copyright and Work for Hire in Hong Kong
Copyright laws in Hong Kong are governed by the Copyright Ordinance. By default, the creator of a work holds the copyright, even if they are hired to produce it. This means:
- Freelancers retain the copyright unless you have an agreement stating otherwise.
- Clients only own the rights if they acquire a licence or the copyright is transferred legally.
How to Ensure You Own the Copyright: Copyright ownership HK
The freelancer can transfer the copyright they own in your company logo by assignment. Note that the freelancer may charge a fee to do so (like they are “selling” you the rights associated with their copyright ownership). Per section 101(2) of the Copyright Ordinance, assignment or transmission of the copyright may transfer a part of or the whole rights associated with the copyright.
To secure ownership of the logo’s copyright, consider these steps:
- Include a clause in the contract stating that the freelancer assigns all copyright to your company upon completion.
- Use a work-for-hire agreement, if applicable, though this is less common in Hong Kong law.
- Get a full copyright transfer in writing, preferably signed before starting work. According to section 101(3) of the Copyright Ordinance, an assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor (i.e. the freelancer who designed the logo).
Why Is This Important?
Ownership of copyright affects:
- Your ability to modify or adapt the logo.
- The right to use the logo in marketing, branding, or merchandise.
- Protecting your brand from infringement, because you may not be the right person to lodge a legal claim if you are not the copyright holder.
Final Advice
Always clarify copyright ownership before engaging a freelancer. A written agreement that explicitly transfers rights can prevent future disputes and ensure your company owns the logo fully.
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