Inspire: Unit 3 copyright

Copyright, moral rights and intellectual property rights

Intellectual property law is made up of many elements of legal protection and a business might be concerned with any number of them. Intellectual Property (IP) results from the expression of and idea. so IP might be a brand, an invention, a design, a song or another intellectual creation. IP can be owned, bought and sold.

The four main types of IP rights are patents, trade marks, designs and copyright but there are many other ways to protect your IP.

Patents- patents protect what makes things work- like what makes a wheel turn or the chemical formula of your favourite fizzy drink.

Trade marks- trademarks are signs such as words and logos that distinguish goods and services in the marketplace.

Designs- designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item.

Copyright- copyright is an automatic right which applies when the work is fixed, that is written or recorded in some way.

Graphic design for a book, for example, would qualify for copyright, whilst the graphic elements of product packaging such as the colours, lines or contours might qualify for a registered design right.

Copyright is a legal concept giving the creator of an original work exclusive rights to it, usually for a limited time. Copyright automatically resides with the creator unless assigned to someone else.

When designing you have to be careful when including branding and logo work etc as things may be copyrighted. Some stock photos are also copyrighted and you need to fill out a form to be granted usage of the image.

Copyright can be applied to graphics, computer code, software, and architectural plans, surface decoration applied to manufactured articles, text, manuals, drawings and other documentation, as well as the artistic aspects of product packaging.

Moral rights are rights of creators of copyrighted works. They include the right of credit, the right to have a work published anonymously and the right to the integrity of the work. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.

These things can affect the design process as it limits which artwork you use and weather you have permission to work with it. You could not create a published document that would be seen by many people illegally using somebody else design, logo, branding etc.

IP should be used when you have a new idea, you search for existing patents and can use a free database to check if the idea already exists or if there is existing technology to help develop your own ideas.

You then have to go through the development phase of licensing and partners.

You then go through the pre market entry stage of IP protection. If your developing a technology it may be difficult to copy the process and formulation. So using a trade secret may give you the protection you need.

You can also file for a patent, which would protect technology from competitors.

If it is a design or artistic creation then you would have to register your design as it is unique and stands out from competitors. Original creative and artistic works are automatically covered by copyright.

If your starting a business, your business name, website, promotional items can be trademarked and also come under copyright law.

If you are manufacturing your product by sub contractor you will need to be protected by a non-disclosure agreement so products cant be copied.

IP rights- there are various ways of resolving IP disputes or enforcing IP rights.

IP infringement usually takes place when a person who is not the owner uses any of the exclusive right without permission from the owner.

IP crime is where people illegally use other peoples trademarks. Piracy is when copyright material is used illegally.

During my job I work with stock images, when sources these images I always have to be careful of the permissions and what each image is classed as and how it should be used. Copying colour schemes and fonts can also be a problem as this may be done inadvertently and may represent other company or styles that can be classed as copyright.

Impacts on the industry

ethical- when in keeping with ethical design it is important to use the correct materials as outlined by the client. E.g water based inks, recycled paper, natural products.

sale – the sale of goods act comes into practice in the form of a contract so client and designer know exactly what is expected of them. It also helps to deal with complaints, refunds and returns. when you sell something to a customer you have an agreement or contract with them. A customer has legal rights if the goods they purchased do not conform to contract (are faulty).

employment- All staff must be properly and fully employed to work with clients in the design industry. Employees and employers must stick to a contract until it ends. It is a good idea to have a HR specialist or employment lawyer no matter how big or small the company.

health and safety- when working in the design industry its important to know the rules between studio and computer suites. Knowing what to do in case of an emergency, where the fire exits and assembly points are and who the first aider is. It is also important to know how to fill in risk assessments, recording accidents and legal responsibilities.

I have previously made a health and safety poster outlining the rules to be taken in a mac suite.