Hi there. Your situation raises some important issues of regarding intellectual property. The logo of your business may be a trade mark. It is not clear whether the logo is registered or not. If it is registered, then you have certain rights in relation to that trade mark. For example, you can permit another person or organisation to use your logo (with or without fee), and you can also commence legal proceedings to stop an unauthorised third party from using the logo.

It is lawful to allow another YouTube channel to use your logo in their videos. You can reach an informal agreement about the use of the logo, but this can be risky to your business. Your logo is a valuable asset of your business and you may want to think about writing an agreement with the other YouTube channel before allowing them to use your logo. The agreement should cover things like the manner in which the logo is to be displayed (appearance, frequency, video content, etc), any restrictions on the use of the logo (e.g. whether the logo can be used on things other than videos), and any fees you want to charge for using the logo. There are many other issues that should be considered to ensure your business interests are protected, so speaking to an intellectual property lawyer will help you understand your options.

A separate issue is the copyright that exists in your videos and the other YouTube channel’s videos. Copyright is a different type of intellectual property to trade marks, and different laws apply to it. Unlike trade marks, copyright does not have to be registered to gain legal protection. Under Australian law, copyright will automatically exist in the videos your business creates and publishes online. Similarly, the other YouTube channel will have copyright in their videos. Someone who holds copyright (usually the creator), has an exclusive right to control the use and licensing of the copyrighted material. This means you will need permission from the other YouTube channel to use their videos, and vice versa. It is best that you put this permission or agreement in writing (email is sufficient). Although unlikely, infringement of copyright can result in legal action if the copyright owner wants to enforce their rights. In this situation, a court could order an injunction to stop the infringement, and order compensation to be paid by the wrongdoer.

You will also need to consider YouTube’s terms of service if you want to display YouTube videos on another site or social media platform. The terms of service prohibit users from distributing, transmitting, displaying or otherwise exploiting content without the written consent of YouTube or the owners of the content. Again, this means written consent will be required from the other YouTube channel before using their videos on external sites. There may be consequences for not complying with YouTube’s terms of service. The other channel may raise a dispute and YouTube would exercise disciplinary action by removing the reported videos from your YouTube channel or ask for them to be removed from other websites. Non-compliance may result in your YouTube account being deactivated.

Note that the above laws pertain to Australia. Different rules apply in different countries, although most intellectual property laws are covered by international treaties that establish minimum standards for copyright and trade mark protection.

Suggested way forward

For free initial advice, you could contact the Australian Copyright Council (www.copyright.org.au). You should also consider speaking to an intellectual property lawyer who can fully advise you about your legal position and prepare any necessary legal documents. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.