What every business owner needs to know
When you invest in logo design or visual identity for your business, it’s easy to assume the copyright automatically becomes yours. After all, you paid for it, right?
However, in Australia, copyright doesn’t always work that way. Misunderstandings around copyright can lead to unexpected restrictions, legal confusion, or limitations on how you use your own brand.
So, let’s walk through exactly what you need to know to avoid these common issues.
Who owns the copyright to my logo?
What Australian copyright rules say
Copyright in Australia automatically belongs to the creator, not the person who paid for the work. That is, unless there is a written agreement that says otherwise.
Copyright protects original material like text, photos, code, artwork, music and logos, as soon as the material is written down, saved, or recorded in some way. There is no need to register it.
What this means:
Your graphic designer, illustrator or creative studio owns the copyright by default
You receive a licence to use the logo, but not full ownership, unless it’s clearly transferred in writing.
Many professional designers (including us at Harbrow Creations) assign full copyright to clients as part of their standard process. But not everyone does, and that’s why it’s essential to clarify this before your project begins.
A simple conversation and a clear contract can save a lot of later stress and issues.
Why does this matter?
Copyright determines what you can legally do with your logo and other brand designs.
If you don’t fully own your logo copyright, you may be restricted in how you can:
Modify or update your branding
Use your logo across different platforms
Reproduce it for marketing, packaging or merchandise
Work with other designers or agencies in the future.
Clear ownership gives you freedom, confidence and control to use your logo without restrictions.
What should I ask my designer about logo copyright?
Before starting any branding project, ask your designer or branding agency:
“Will I fully own the copyright to my logo and brand assets?
If the answer is yes, make sure it’s:
Clearly written into your contract or proposal
Confirmed in your final documentation
If the answer is no, ask:
What usage rights are included?
Are there limitations on where or how I can use the logo?
Is full ownership available as an upgrade?
Does copyright protect my business name or brand?
Copyright protects original creative works, such as logos, written content, and imagery. It does not protect business names, concepts, or slogans on their own. This is where trademarks become important.
Copyright can protect:
Logo designs
Illustrations and graphics
Website design layouts
Marketing copy and content
Photography and videography.
Copyright vs Trademarks: What’s the difference?
Copyright
In Australia, copyright:
Protects creative works
Happens automatically
Applies to how something expressed visually or in writing
Trademark
In Australia, a trademark:
Protects brand identifiers
Requires formal registration
If approved for registration, can be applied to:
Business names
Product names
Logos
Taglines
Distinctive brand elements
Registering a trademark with
gives you exclusive legal rights to use that brand identity in your industry, and prevents others from using something that is too similar or likely to cause confusion in the market.
With brand identity being core to most businesses, trademarking may be something that you invest in for the long-term protection of your brand.
Our suggestion for Australian business owners
Before commissioning any creative work:
Ask about copyright ownership
Get everything in writing
Keep copies of contracts and invoices
Consider trademark registration for important brand assets.
Your brand is one of your most valuable business assets. Protecting it early gives peace of mind and protects your long-term security.
Want branding that’s built right from the start?
At Harbrow Creations, we believe great branding should come with clarity, transparency and peace of mind.
We assign full copyright to our clients, provide clear documentation, and design brand identities that support long-term growth.
If you’re building or refreshing your brand and want to do it properly from day one, we’d love to help.
Book a complimentary consult: https://www.harbrowcreations.com/book-a-free-call/
