DESIGN ON THE DOTTED LINE
5 Essential Legal Considerations Every Graphic Designer Must Know
In the field of graphic design, there are no specific "laws" in the legal sense that apply uniquely to the practice, but there are legal principles and industry regulations that graphic designers must follow to protect their work and avoid infringement.
COPYRIGHT LAW
What it protects: Copyright law gives creators the exclusive right to use, distribute, and modify their original works, including designs, illustrations, and logos.
What this means for Designers: Graphic designers must ensure they do not use copyrighted images, fonts, or other materials without permission. Conversely, they should also protect their own work by registering it with copyright offices to assert their rights.
TRADEMARK LAW
What it protects: Trademarks protect brands, including names, slogans, logos, and other identifiers, ensuring that they are not confused with those of competitors.
What this means for Designers: When creating logos or branding elements, designers need to make sure that their designs do not infringe on existing trademarks. It’s also important to guide clients on registering trademarks for new brand identities.
INTELLECTUAL PROPERTY (Ownership)
What it covers: When graphic designers work for clients, it's essential to define who owns the rights to the final design, any files and artwork and additional assets.
What this means for Designers: Contracts should clearly state whether the client gains full rights to the design or if the designer retains some rights. At MONOCROW, we retain the right to market ourselves using what has been created (additional plug for the client), however, we do not have the right to re-sell or re-distribute said designs.
licensing agreements
What it governs: Licensing dictates how a designer's work can be used by others.
What it means for Designers: If a designer creates a piece that is licensed for specific uses (like for one-time use in a campaign), the license must clearly define the terms. This prevents unauthorised reproduction, adaptation, or redistribution of the work.
FAIR USE DOCTRINE
What it allows: Fair use permits limited use of copyrighted material without permission for specific purposes like commentary, criticism, or parody.
What this means for Designers: Fair use can be a gray area, and designers should be cautious when incorporating third-party content. It's better to create original works or get explicit permission from the copyright holder.
IN CONCLUSION
Understanding these laws helps protect designers from legal disputes while ensuring they respect the rights of others in their creative process. This information is handy for clients and business owners in understanding their rights and the rights of creative material.
READY TO HAVE YOUR RIGHTS RESERVED?
