Copyright

Copyright

Remember that laws might vary by country, and when in doubt, it's best to consult with a legal professional who specializes in intellectual property law.

Copyrights are a critical part of intellectual property law that every designer should understand. Here are some important points:

1. Copyright Ownership: The creator of a design is automatically the copyright holder. This gives them exclusive rights to reproduce, distribute, and display their work.

2. Registration: Although not required, registering your work with the U.S. Copyright Office provides a public record of your copyright and can offer additional legal benefits.

3. Transfer of Copyright: A designer can sell or transfer their copyright to another party through a written agreement. This can happen, for instance, when working for a client or company.

4. Fair Use: Fair use allows limited use of copyrighted material without permission from the owner for purposes like criticism, parody, news reporting, research and education. However, it's a complex legal doctrine and can be subjective in court.

5. Infringement: Using someone else's copyrighted work without their permission can lead to costly lawsuits. Hence, always ask for permission and credit the owner when possible.

6. Copyright Duration: Generally in the U.S., copyright lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright lasts 95 years from the year of first publication or 120 years from the year of creation, whichever is shorter.

7. International Copyright: The Berne Convention governs copyright between nations. Most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties.

8. Creative Commons: This nonprofit offers a way to modify copyright terms from "all rights reserved" to "some rights reserved". Creative Commons licenses give a standard way for creators to grant someone else permission to use their work.

9. Copyright and Digital Content: In digital media, designs can be copied and distributed more easily, increasing the risk of copyright infringement. It's important to understand digital rights and manage them properly.

10. Trademarks and patents: These are other forms of intellectual property that a designer might need to understand. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Patents protect new inventions and cover new or improved products or processes.

TL;DR

• Who owns it? Copyright.

• For how long? Registration.

• How can it be used? Licensing.

• What should a Designer do for Creative Works?

  • Option A: Get a Copyright Lawyer. Use methods from Copyright for Creatives

  • Option B: Open it up to everyone.

  • Option C: Sell it.

Non-Design Examples

• Another example to see objective points through a subjectively offensive example: Kanye West, “Life of Pablo” album cover. | Is the parody OK?

• Three Things The Top 10 Royalty Earning Songs of All Time Have In Common | Are all musicians rich?

• NBC Sued Again over typeface | Typeface Piracy a Real Problem

Terms

• Assignment: A total transfer of your rights in a copyright

• Fair Use: An exception to copyright infringement

• Copyright offices database: Searchable database of copyrights

• Infringement of copyright: When someone copies a work that is protectable under copyright law

• Public Domain: Technical word for works that have fallen into the public domain by virtue of copyright expiration