Web Design Blog Post 2
Web Design Blog Post 2
This month's course is web programming basics, with an emphasis on
learning HTML and CSS, inserting images, and creating webpages
using a text editor (Apple=TextEdit) or (Windows=Notepad).
This week's original assignment was to research the aspects of copyright
as they apply to the design industry and create a five-page website with
original content and images. The assignment changed on Monday. Now, the
Professor will supply the content, and we will focus on creating a
multi-page website with proper formatting and navigation.
Since I had already researched the original assignment, I took my notes
and created this blog post.
5 Copyright Tips for Graphic Designers
I. Copyright Basics for Graphic Designers
If you are just getting started in graphic design, you might not think
much about copyright law, but you should. Whenever you create a logo,
flyer, artistic poster, or sketch, your work is automatically protected
by U.S. copyright law, with some provisions. That protection gives you
legal rights and helps you control how your art is used.
You do not need to register your artwork to own the copyright. The law
states that it is yours as soon as you create something original and put
it in a fixed form (like saving a Photoshop file or sketching in
Procreate). This means no one else can legally copy, sell, or modify it
without your permission.
But if you want to sue someone for stealing your design, you need to
register it with the U.S. Copyright Office. Registration allows you to
enforce your rights in court and can help you collect damages. If you
don't register beforehand, you only have the right to a "cease and
desist order" and have your design taken down, but you will not recover
legal fees or collect damages. If you have a design you want to protect,
document and date stamp everything, from the rough sketch to iterations
to the final design. This is necessary to show that you actually created
the design, which will be submitted when you register it with the U.S.
Copyright Office.
II. What Counts as a "Protected Work"?
According to the U.S. Copyright
Office, visual
artworks include illustrations, logos, posters, digital art, and product
packaging. If it is visual and you made it, it probably qualifies.
However, ideas, styles, and basic shapes cannot be copyrighted. You can
copyright your drawing of a cat in a top hat, but not the idea of a
cat in a top hat. That is why two designers can create different logos
for coffee shops that both use a steaming cup, and no one is breaking
the law, unless one clearly copied the other's actual design. For more
information on what cannot be copyrighted, see the U.S. Copyright
Office Not Protected by Copyright circ33.pdf.
III. Work-for-Hire and Client Projects
If you design something for a client, it is important to know who owns
the final piece. Unless your contract says otherwise, you own the
copyright, even if they paid for it. The rules change if you are an
employee or sign a "work for hire" agreement. In that case, the company
owns the work.
Always get your terms in writing (a contract).
Talk about usage rights up front:
- Can the client modify your design?
- Can they resell it?
- Can you use it in your portfolio?
Answer those questions early to avoid awkward situations later. For more information on work-for-hire legal provisions, see the U.S. Copyright
Office Work-for-Hire circ30.pdf.
IV. Copyright Is Not Forever
Copyright does not last forever. For most new works created by
individuals, protection lasts for the creator's lifetime plus 70 years. This
is why old artworks, vintage logos, and even typefaces from 70-plus
years ago can often be reused freely today.
V. Be Respectful of Others' Work
Just like you want your designs protected, so do other artists. Always
get permission before using someone else's work in your projects. That
includes stock photos, fonts, and templates. If it is not yours, check
the license. If you are not sure, do not use it.
Copyright laws help you protect your work, get paid fairly, and build a
professional design career. Take the time to understand it now, so you
do not run into headaches later.
