RELEASE of RIGHTS

Digital Files, Logo Design, and Uniquely created Files/Paper Items

As per our Conditions of Use, the Blue Door Paperie^TM solely owns all copyrights to artwork and created digital files and prints. However, we do offer the option to purchase a Release of Rights, or a portion of the "bundle of rights" allowable by law, which means we transfer the ownership of any purcahsed copyrights (or licenses) over to the client.

What is copyright?

Copyright is the exclusive right to control reproduction and commercial exploitation of a creative work. Copyright protects any kind of artwork, including illustrations, photographs and graphic design. Generally, the person who creates a work is considered its "author" and the automatic owner of copyright in that work under copyright law. The "author" owns the copyright at the moment it's created - it's called 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).

What are my Rights as a Client?

When we perform graphic art services for a client, the client is paying for rights to use our work under our copyright.

The Blue Door Paperie™ retains the ownership of all copyrights unless we sign a written assignment giving copyright ownership to someone else. In that case, a contract will be prepared that will "assign all rights, including copyright" over to the client.

However, on a case-by-case basis, we can assign a portion of those rights to our clients. Copyright is really a "bundle" of several different exclusive rights. For graphic designers, the relevant exclusive rights are the rights to (1) reproduce, (2) display, and (3) make adaptations ("derivative works") based on our original work. Each exclusive right in the copyright bundle can be owned separately. For example, we can give a blog the exclusive right to reproduce a graphic image, but can keep the exclusive right to adapt the image for use in a line of stationery or on another website. Moreover, we can give permission, or a "license," under any of the bundled rights on a nonexclusive basis. For example, under our reproduction rights, we can grant a publisher the right to reproduce a design as a book cover, and keep the right to reproduce it as a print.

We most often create corporate logos and graphic design that are released for (1) reproduction, and (2) display. This is achieved by selling the client a License (a simple written document stipulating the terms of the copyright agreement) & CD of appropriate files to be used on items that will be reproduced (printed materials, hats, shirts, etc.) and displayed (web images, large posters, internet and TV advertising, etc.).

Can I trademark a logo that the Blue Door Paperie^TM Designs?

Yes, you can trademark a logo that we create for you.  What makes a logo unique is the combination of the symbol with the company name, its colors, and their spatial relationship. Therefore, we retain the copyright to the logo we create, but you can still trademark your logo.

Unlike copyright, ownership of a trademark is not about who created the mark. Trademark rights are created by using the trademark for goods and services in commerce. So when we create a logo for a client, the client will own trademark rights in that logo as soon as she/he starts using the logo on products or promotions for their company.

The trademark indicator (TM) provides notice that you are claiming rights to use the logo in connection with your products and/or services. To obtain federal registration ®, you will need to submit a trademark application to the U.S. Patent and Trademark Office, as well as obtaining a complete Release of Rights. (Customers outside the United States should check local laws.)

How do I know if I should purchase a Release of Rights or a License?

As a client and full owner of the copyright (Release of Rights), you will own the entire bundle of rights, and we (Blue Door Paperie^TM) no longer have the right to control how often, or in what manner, the work is used. This is not always necessary or appropriate. For example: If you only intend to use your design as a trademarked logo for your website, you will not need to purchase the entire release of rights, only one portion of the copyright - a license - that stipulates "display" rights.  Generally, it is better for the scope of the rights/license to closely examine the intended use for the work, and only purchase the rights the client will use in practice.

Because we retain the original copyright, we keep full and complete copies of all files for a minimum of 4 years should the client wish to purchase additional rights within that time. 

How much does it cost?

Each Release of Right contract is prepared individually and uniquely for clients or corporate projects.  Prices are based on the intended use of the license, and the scope of the project, and will vary.  Based on previous work, our price estimates for copyright releases range from $50-$125 for Reproduction & Display files, and $100-$175 for Adaptations ("derivative works"). A Full Release of Rights range from $150-$300.