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DESIGN RIGHTS

Legislation - Copyright Laws That Affect Designers

Graphic designers produce a wide range of unique, thought provoking and creative solutions to clients’ design briefs. However, with increased accessibility to this work, how can they protect it from being copied or adapted by a third party? The following are ten copyright laws that designers should be aware of before publishing their work:


1. What Can’t Be Copyrighted?


The list of items that can’t be copyrighted includes titles, slogans, names, measurement charts, calendars, symbols and variations of lettering or colour.


2. Copyright Registration


Registration is only required if the designer wishes to pursue a claim for statutory damages as the design will have been automatically copyrighted when it was published. The copyright symbol can be included within the design if required, and it shows people that they can’t claim the design as their own.  (For more information on Intellectual Property click here)


3. Your Copyright


The copyright is normally attributed to the designer unless it was produced on behalf of an employer. The designer can agree shared rights on the design but will only be able to reference the design and not publish it elsewhere.


4. Infringement


When someone takes a substantial part of the designers work without authorisation, this is classed as infringement.


5. Originality


Proving originality is difficult but having a design which can easily be distinguished as the designers own effort will normally prove that the work is unique.


6. Keeping Records


If copyright infringement has taken place, good evidence will be required to prove that the designers work was original. Therefore, dates, records of publishing and witnesses will all help to prove the origins of the piece of work in question. Copyright registration is also encouraged to prevent claims of not knowing that the work existed.


7. Compensation


If a person is proved to have copied the design, an injunction can be issued to prevent further distribution of that work and compensation can be claimed for any copies of the work that are still in circulation.


8. Creative Commons Licenses


Creative Commons is a form of copyright for content creators who want to share their work. There are six different types of license giving varying permissions on how that content can be used. Any violation of these licenses is classed as theft.


9. Duration of Copyright


Copyright on images usually lasts for the life of the creator plus 70 years. During that period, the asset can be licensed or sold along with the copyright.


10. Copyright Protection Abroad


All countries that signed the Berne Convention for the Protection of Literary and Artistic Works will offer the same copyright protection as the UK. Therefore, the majority of the world will accept the general laws of copyright.


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Please note that the views, thoughts, and opinions expressed in this article belong solely to the author, and not necessarily to any other group or individual. To ensure you are fully compliant with all current legislation, please take legal/professional advice and do not rely solely on the information provided in these articles.