PROTECTING YOURSELF LEGALLY FOR GRAPHIC DESIGNERS // copyright, trademark, font licenses, etc

Summary

In this informative video, graphic designer Megan shares crucial insights on copyright and trademark for creatives. She explains the differences between the two, emphasizing the importance of protecting original designs. Megan offers practical tips for designers, including registering work, understanding client agreements, and navigating trademark issues. She also stresses the significance of fair use when selecting fonts and encourages designers to research their rights. By consulting legal professionals when needed, creatives can safeguard their work and maintain ownership, ensuring their designs remain protected in the marketplace.

Takeaways

• 😀 Trademark protects logos, business names, and slogans, helping distinguish your brand in the market.
• 😀 Copyright protects original works like art, books, software, and logos, offering more legal protection for creative designs.
• 😀 The primary difference between trademark and copyright: trademark focuses on branding elements, while copyright focuses on artistic works.
• 😀 Registering your work with the copyright office provides extra legal protection, including statutory damages and legal fees if infringed upon.
• 😀 When working for a client, make clear whether you are transferring full copyright (work for hire) or retaining some rights (limited usage rights).
• 😀 If a client wishes to keep your identity anonymous, consider charging a higher fee since you won't get as much promotional benefit.
• 😀 Always ensure your client conducts a trademark search to avoid future legal issues with trademark infringement.
• 😀 Be cautious with fonts: always purchase the appropriate license for commercial use, especially if you plan to use them on multiple platforms.
• 😀 Stay informed about copyright and trademark laws by reading relevant resources and consulting with legal experts when needed.
• 😀 If you find yourself in a legal dispute regarding your work, consult a lawyer. It's an investment in protecting your intellectual property.

Q & A

What is the main focus of Megan's video?

The video focuses on the legal aspects of graphic design, specifically regarding copywriting and trademarking to protect designers' work.

What is the difference between a trademark and a copyright?

A trademark identifies and distinguishes the source of goods or services in the market, such as logos and slogans. Copyright protects original works of authorship, like images and text, that are fixed in a tangible medium.

Why is it important for graphic designers to register their work?

Registering work provides legal advantages, including the ability to claim statutory damages and legal fees if a copyright infringement occurs.

What does 'work for hire' mean in a graphic design context?

'Work for hire' means that once the designer hands over the logo to the client, the client owns all rights to the design, including copyright.

How can designers protect themselves from trademark issues?

Designers should include clauses in their contracts stating that the client is responsible for conducting trademark searches and any related legal fees.

What should designers be aware of regarding font usage?

Designers need to purchase the appropriate font licenses. A desktop license is usually sufficient for use on one website, while a commercial license is required for multiple uses.

What is a recommended step for designers if they face a legal issue?

Designers should consider having a lawyer they can consult when legal issues arise, even if it means incurring some costs.

What advice does Megan give about contracts with clients?

Megan suggests including terms that clarify ownership of the design and usage rights, allowing designers to showcase their work in their portfolios.

What should designers do if a client wants to remain anonymous?

If a client wishes to keep the designer's involvement anonymous, it may warrant a higher fee since the designer will miss out on potential word-of-mouth referrals.

What resources does Megan recommend for further research?

Megan mentions providing links to resources that offer detailed information on contracts and designers' rights, emphasizing the importance of doing thorough research.