LAW & ORDER

Legislation - Laws Applicable to Graphic Design

Graphic design is all about well executed creativity and communication. So, as well as producing fresh and inspiring ideas, designers need to be aware of the legislation that surrounds the world of graphic design. The following are the five key legal principles that designers need to be aware of prior to engaging with a new brief.

1. Image Copyright

According to the law & the Intellectual Property Office, all photographs, illustrations and other images will generally be protected by copyright as artistic works. Therefore, if you find an image on the internet, in print or contained within any other medium, even with no supporting information, you must assume it has copyright & will therefore require permission to use it. The copyright usually belongs to the person who created the image, unless it was produced for an employer in which case, they will have ownership of the copyright.  (For more information on Intellectual Property click here)

2. Font Licensing

Software such as InDesign and Photoshop will use preloaded fonts that the designer will have the license to use on their own computer. However, as these fonts are not owned there are limitations to prevent them being shared with unlicensed users. The permissions range from ‘No Embedding’, ‘Preview & Print Only’ through to ‘Installable’ defining the limits of their use. ‘Web-safe’ fonts are typically used by designers across both Apple & Windows platforms to ensure fonts render well across a multitude of web browsers. These fonts are usually governed by the operating system licence.

3. Creative Commons

Creative Commons (CC) Licences were created to give people the right to use, modify or share content. There are seven degrees of permissions which range from content being in the public domain and able to be modified and shared by anybody through to credited sharing without any modifications or sale.

4. ‘Fair Use’

The ‘Fair Use’ principle exists to prevent copyright law from hindering free speech, freedom of the press and to avoid excessive legal action for accidental breaches of copyright. It allows designers and content creators to include quotes from published works so long as they are accompanied by a credit for the author and source.

5. Obligations to the Client

Graphic designers must legally provide adequate services to their clients. Unintentional copyright violations may result in disputes between the designer and client. If the designer is at fault for not obtaining the correct license, they will be held responsible for any for any action that arises from this.

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.