In today’s high-tech world where all kinds of imagery and information at available at the click of a button, it is sometimes hard to figure out who owns what. More detailed information can be found at aiga.org.

Definition of Ownership
The copyright law explicitly states that copyrights are separate from physical designs (ie: the printed pieces). Selling the physical design does not inherently transfer the copyright. To transfer ownership or exclusive usage rights you must prepare and sign a written document. Only non-exclusive rights can be transferred without a contract.

Copyright Duration
Federal law states that as soon as a design is complete a designer has a copyright on it for life + 70 years whether or not the designer has put a © on it.

What is “Works for Hire?”
Work for hire is work done as an employee of an organization or as contracted to develop a specific piece. In this case the design belongs to the employer.

A special written contract may be negotiated to allow an employee to retain all or a percentage of the copyright.

Fair Use
Fair use is a limited exception to the rule of the copyright holders power to control the use of the design. Fair use permits the use of a design without written consent of the copyright holder for a purpose that is not going to compete with the market for the work. The courts use these 4 points to decide if a work is an infringement or not:

• What is the purpose and character of the use (for profit or not)
• The nature and character of the copyrighted work.
• The amount and substantiality of the portion used, in relation to the copyrighted work as a whole as well as in relation to the defendant’s work.
• The effect the use will have on the market.

Registering Creative Work

• $30 Application fee
• Must be registered in order to sue.
• Proof of creation
• Groups of unpublished designs can be registered for a single fee
• www.loc.gov./copyright

Stock Photography
In using stock photography, the designer has to be careful not to exceed the license from the stock agency. If additional usage time is needed, go back to the agency and clear the rights by paying an additional fee. Some photos have more limitations than others due to model releases. Ignoring restrictions and licensing is inviting an “Invasion of Privacy” lawsuit against the designer AND the client.

Fonts
Fonts are creative intellectual property. You do not own a font, you own a license for limited use.

• If you are using a font make sure you have a license
• If you want to use a font not installed on your computer, acquire a license for it
• If you have any questions about your font license, contact the foundry or supplier
• Do not lend or give your fonts to others
• You can embed a font in a file to have it viewed or printed by others
• It is an issue of ethics. If you are caught using a font that you do not own the license for you have to purchase the license and in some cases also pay damages to the foundry