Hi Tim, thanks for the reference. You were right to call me out on my claim that copyright doesn't apply to images because it does apply to artistic works. However, it also seems likely that the webERP logo will not be considered an artistic work.
Jonathan Bailey states in his Plaigarismtoday.com blog:, "In order for a work to have copyright protection, it must reach a requisite level of creativity. Many logos, however, do not. Since copyright can’t protect a name, colors or the design of the logo, most simple logos simply do not have the required level of creativity to be considered copyrightable. However, many ornate or artistic ones do."
The Government of Canada
states that copyright covers "artistic works such as paintings, drawings, maps, photographs, sculptures and plans", implying there is a degree of complexity required for copyright to apply (consistent with Baily's interpretation), and
recommends trademark to protect a brand.
Lawmart.com (U.S. again) states: "If you are interested in protecting a title, slogan, or other short word phrase, generally you want a trademark. Copyright law does not protect a bare phrase, slogan, or trade name.", implying the webERP logo does not meet the criteria for copyright protection.
I still recommend the three-pronged approach I outlined as the simplest and most effective strategy for a small organization using a simple logo based on their name. While the webERP logo
may be protected under copyright, it would be best not to count on it - and a court decision would be needed to actually know for sure. However, IANAL and I have been looking at US and Canada copyright only, I'm sure there will be subtle (or not so subtle) differences in other jurisdictions.
Cheers!
Dale
P.S.
Johathan Baily also wrote an interesting article for "Haunted Farms of America" on copyright and trademark, and how to avoid the law if you're setting up a haunted farm next halloween.
