I’m afraid the Copyright
Act beat you to it. Copyright arises automatically under the law at the time a
copyrightable work is created and “fixed in a tangible medium of expression”
(e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What
that means is that your cousin’s logo design was protected by copyright law as
soon as she created it, and she has owned the copyright since that time.
What you may be thinking
of is the act of registering a copyright with the
Copyright Office. Registering a copyright doesn't create the copyright
itself — it simply records a person’s claim to a particular copyright with the
federal government. (It also provides some very valuable benefits in the event
someone infringes the copyright, which is the primary reason most people and
businesses do it.) Unfortunately though, you aren't permitted to register
someone else's copyright unless you’re acting as the copyright owner’s
authorized agent. So, at least assuming you want the gift to be a surprise, the
Copyright Office won't permit you to register the copyright in the logo since
you don't have your cousin’s authorization. But you certainly can help your
cousin do it herself or even ask her for authorization to be her agent for the
purpose of registering the copyright.
Please click here to learn more about ANT Lawyers IP
Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or
call our office at (+84) 24 32 23 27 71
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