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.

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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.

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