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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90974
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have a review website and companies are asking to use my

Resolved Question:

I have a review website and companies are asking to use my logo in their advertising. It's not copywritten, what do I need to do to be able to "rent" the logo on an annual basis? This must work under Canadian law, but the companies are international (Europe, US, etc). Contract template would be appreciated.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
You have a common law copyright and trademark on your logo, even if it is not registered. Thus, they do need written consent to use your logo in those countries. All you need to "rent" or the legal term is "license" your logo is a written contract with the terms under which you are giving them permission to use your logo on their sites. Most sites will not pay to use a logo if they are using it for advertising and they will just tell you that it is advertising your site and as such that is the consideration for you granting them permission to use your logo, so the value of your consent is not going to be that much money. Furthermore, by law, even if you deny them the right to use your actual logo, they can just use the name of your website and your web address on their site without your permission. Generally though, in this type of situation, these companies would not be willing to pay more than $100 for the license at the most, since they can simply use you name without any permission and not be in violation of any copyright or trademark laws, especially if they are just saying their company was reviewed on your site, as that is considered "nominal use." An additional consideration is that if you start actually charging companies for use of your logo and your site is reviewing those companies, the allegation can arise that you are seeking to charge them for favorable reviews, which diminishes the credibility of your site.

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Customer: replied 1 year ago.

Very informative, thank you for the information. One of the companies specifically wants to use my logo to print on their labels (as promotions). Any implications there? Or can I just rent the right to use the image / logo?

Expert:  Law Educator, Esq. replied 1 year ago.
If they want to actually print it and put it on their labels, you can license them this specific use, which is beyond just putting it on their website. The issue is you cannot get much because they are giving your site advertisement and they can simply say they won't use your logo at all. Generally, as I said, about $100-$500 is a reasonable amount for this type of licensing which is beyond simply using your logo on their site. You need a written contract with them specifying how they can or cannot use your logo and also that you can withdraw consent at any time for any violations, so you can have some control over what they do with your logo.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90974
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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