Week 3: Business Foundations
Your personal research tasks are for deeper critical reflection and demonstration of your thinking and working processes.
These are the research tasks for this week, please share your findings on the ideas wall and on your blog:
Research common copyright issues, as well as some of the ethical and legal factors most frequently affecting graphic designers today.
Choose a designed object and outline the key areas that may infringe a copyright or require IP protection when creating an artefact of this kind.
Week 3 - Turnaround on my business plan
Tutorial with Stuart
After my quick tutorial with Stuart to check I was heading in the direction, our conversation made me realise that I had the golden opportunity to start a business from scratch. After discussing my USPs with him, this gave me the idea that if I could build a business, I could cherry-pick all the best bits from previous weeks’ research.
This seemed like a fantastic idea to scope a new concept of a totally new studio. The research from now on works towards my revised and updated business plan.
The concept of building my research in week 3 seemed a little overwhelming at first, but once I’d realised I could build my practice in a new location, with new strategies and goals I was up for the challenge.
Copyright is a complex issue in graphic design, and there are many ways that copyright infringement can occur. Some of the most common copyright issues in graphic design today include:
Using copyrighted images or illustrations without permission
This is a common problem, as there are many images available online that are copyrighted. It is essential to always check the copyright status of an image before using it, and to obtain permission from the copyright author if necessary. As a designer I always buy my images from a reputable source like istock or Getty images. Making sure you buy the correct license for the image/vector use is important. There are other sites that offer free images like picjumbo where you can use free stock photos, backgrounds for personal and commercial use but the images, even though they are of fantastic quality are limited and you must reference or give credit to the photographer when used.Copying the work of other graphic designers
This is another common problem, and it can be difficult to determine whether or not a design has been copied. (Case study 01 - Tokyo Olympics vs Theatre of Liege). However, some factors can help you to identify copyright infringement, such as the use of similar elements, the overall look and feel of the design, and the timing of the publication. Ensure you can always back up the proof of what you have created with emails, dated concepts and moodboards, client feedback.Using typefaces/fonts without permission. Fonts are also protected by copyright, and it is essential to obtain permission from the font designer before using a font in a commercial setting. Understanding font licensing is crucial to delivering a perfectly executed design project. When designing a logo or brand identity for a new client, I always make them aware that if they want to use this font in-house they may need to purchase their own copy and should factor this into their marketing budget. Adobe Fonts offers thousands of fonts from over 150 type foundries as part of your Creative Cloud subscription. All of the fonts are licensed for personal and commercial use by the designer.
In addition to copyright issues, there are also a number of ethical and legal factors that graphic designers in the UK need to be aware of. These include:
The use of personal data
Graphic designers often collect personal data from clients, such as names, addresses, and email addresses. It is important to use this data responsibly and to comply with the Data Protection Act.The use of trademarks
Trademarks are used to protect brands, and using a trademark without permission is illegal. Graphic designers need to be careful not to use trademarks in their designs without the trademark owner's permission.The use of copyright-protected works in social media
With design being now such a global entity, when sharing images or videos on social media, it is important to be aware of the copyright status of those works. You may need permission from the copyright holder before sharing copyrighted works on social media.
Additional resources include:
The British Copyright Council
https://www.britishcopyright.org/information/graphic-designs
The Copyright and Rights Alliance:
https://www.cra.org.uk/
Week 03 - Research Tasks
Task 1 - This week’s research has outlined some of the common copyright issues and some of the ethical and legal factors graphic designers need to be aware of in the industry today:
Design Week article - 6 things designers should know about copyright
I also found this practical guide for creatives by Eric Schrijver, reviewed from a back issue of Design Week. In this article, the designer and author shares his best advice for creative people on avoiding getting into legal hot water.
He discusses the role copyright plays within different creative fields and how it can be varied but this may be more useful to multi-national publishers and not so to a freelancer.
The article is available online at
Task 2 - Infringement copyright or IP protection on one of my earlier tasks?
This week’s tasks made me think back to one of the workshop challenges in Module 710. I created a graphic for my geographic location, but instead of using a map, I used an image of Dr Archibold Mcindoe, famous for his work on WW2 burn victims.
Although the use was entirely for a personal project, if I were to sell or be commissioned to create this design (all hypothetically speaking) to another party, would I have breached copyright laws?
Using this photograph outright without altering it or without proper authorisation or licensing from the McIndoe Trust, East Grinstead Museum (custodians of the photographs) can constitute copyright infringement so I need to tread carefully! Copyright law grants exclusive rights to the original creator of a work, including photographs. So, when a graphic designer uses a photograph without permission, they are reproducing and distributing someone else's copyrighted work.
However, the situation might differ if the photograph is altered or used within a collage. Transformative use, such as incorporating the photograph into a larger artwork or modifying it significantly, could fall under the fair use doctrine or the concept of transformative use. In such cases, the graphic designer's use of the photograph might be considered a new creative work that sufficiently distinguishes itself from the original, reducing the likelihood of copyright infringement.
Nonetheless, it's important to note that determining fair use is a complex legal analysis that depends on several factors, including the purpose and nature of the use, the amount and substantiality of the original work used, and the effect on the market value of the original work. Therefore, seeking legal advice or obtaining proper permissions is still advisable to avoid copyright issues, even for uni projects!
Could the project I produced in Module 710 come back for me if I legally used it?! -
Most probably and if I was to use it in professional circumstances it would have been better to get permission from the appropriate channels.
References:
istock images website available at:
https://www.istockphoto.com
https://www.istockphoto.com/legal/license-agreement
Pic Jumbo available at
https://picjumbo.com
A complete guide to font licencing for designers
https://www.creativebloq.com/features/font-licensing
(2017): TED Talk Why we need to imagine different futures | Anab Jain, available at
https://www.youtube.com/watch?v=PYjWLqE_cfE