In the Graphic Design industry, there are many rules and regulations which protect both the Graphic Designer individual or company, and the client. These rules are laws that include, but are not limited to: trademarks, copyrights, patents, etc.
These laws apply to a wide range of slogans, photos, images (including clipart), brand names, trade names, colours and sounds that have already been protected in previous design work. An example of a protected brand name is iPod by Apple. Also the UPS has a specific shade of brown patented for their use only.
Graphic designers are able to purchase the rights (aka Artist Releases) to use specific images, photos or clipart, etc. through the platform of stock photo websites.
Copyright infringement refers to “..any action within the ‘bundle of rights’ taken by anyone without permission. This includes: copying, distributing, performing, displaying or creating “derivative works”.”
It is highly recommended that Graphic Designers use contracts with all clients to ensure there is a safety net that protects both the Designer and the client. Signing a contract should not be seen as an uncomfortable moment, but rather a necessary part of business. The contract should include specific details about the job to be completed. Another situation to avoid from a legal point of view is if a client requests “work-for-hire”. This term implies that you, as an individual or the Graphic Design Company will not retain the copyrights to the final design. There are only certain times when this suggestion is actually legal.
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