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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