Client-Supplied Logos, Photos and Text: Getting Permission in Writing

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When you rebrand a white-label product for a client, much of the material that makes it theirs comes from the client: a logo, headshots, product photos, past blog posts, testimonials and course notes. It is easy to treat these as automatically safe to use, but a client can hand you files they do not actually have the right to use.

This guide explains the basic copyright points behind client-supplied materials and offers a simple way to get permission in writing. It is general information, not legal advice.

Why Client Materials Need a Check

According to the US Copyright Office’s Circular 1, copyright belongs initially to the author who created a work, with exceptions such as works made for hire. The owner has exclusive rights to copy the work, create derivative works, distribute copies and display the work publicly, and to authorize others to do those things.

That means the person who gives you a file is not necessarily the person who owns it. Common examples include:

  • A logo designed by a freelancer whose agreement with the client never transferred the copyright.
  • Photos taken by a professional photographer and licensed to the client for limited uses only.
  • Images copied from a search engine or another website.
  • Testimonials or quotes the client collected without asking permission to publish them.

Circular 1 also notes that a transfer of exclusive rights generally must be in writing and signed by the owner. If a client says they “bought” a logo or photo, it is worth asking whether they have paperwork to support that.

Logos and Brand Names

Circular 1 lists titles, names, short phrases and slogans among the things copyright does not protect. The USPTO explains that a trademark can be a word, phrase, symbol or design that identifies the source of goods or services, so brand names and logos also raise trademark questions, separate from any copyright in a logo’s design. Before you put a client’s name and logo on a rebranded product, confirm that the client is the business that uses that brand and that they want it used on the product.

Get Permission in Writing

A short written confirmation protects both you and the client. You can include it in your client agreement or send it as a separate checklist for the client to sign. It might ask the client to confirm that:

  1. They own, or have permission to use, every logo, image, text file and testimonial they supply.
  2. Any photos taken by a third party are licensed for use in the type of product you are creating, including commercial use if the product will be sold.
  3. People who appear in photos or testimonials have agreed to be featured.
  4. They will tell you if any permission changes or ends.

Keep the signed confirmation with the project files, along with any licenses or receipts the client provides.

Practical Habits for Agencies

  • Ask for original files and their source, not screenshots or images saved from a website.
  • Keep client materials in a separate, labeled folder from the white-label assets, so you can tell them apart later.
  • Flag anything that looks like stock imagery and ask for the license.
  • If the client cannot confirm ownership, replace the item with properly licensed material.

For specific questions about ownership or permissions, the client should speak with a qualified attorney.

More White-Label Guides

Sources

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