The Legalities Of Graphic Design Explained

Working in the graphic design industry will lead you to create all kinds of imagery and products, from logos and packaging, and there are all sorts of legal issues that arise from this process. When you create something like this, there is a range of intellectual property that you can take out to claim the graphic design work as your own, preventing other people from stealing it.

But, what do you know about the different intellectual properties available? It can be very easy for the lines separating each of the different types available to blur until they all look the same. This guide can make it easier to determine what sort of intellectual property your graphic design work needs, as well as whether you are infringing any of these rights in the course of your work:

• Trademark In graphic design, a trademark could be a letter, number, word, phrase, sound, smell, slogan, logo, picture, a part of packaging or even a combination of these. It is basically used to distinguish the goods and services of one trade from another. You don’t have to register a trademark, but it is recommended, as it saves time and money from taking action under common law.
  Example: the purple colour used on Cadbury chocolate has been trademarked by its company of creation, Cadbury Schweppes.
• Registered Design In graphic design, a registered design refers to the configuration, pattern or even ornamentation, which gives a product a certain and unique appearance. You can register a design, but it must be new and easily distinguishable from everything else.
  Example: the shape of a coke bottle has been registered (in Japan) by the Coca Cola Company.
• Copyright In graphic design, copyright only protects the original expression of an idea – not the idea itself. Basically, it protects your original designs from being copied by other companies and being used without your permission.
  Example: the character and any material relating to Batman is protected under copyright by DC Comics.
• Patent In graphic design, a patent is given to a device, substance, method or process that is considered new, inventive and useful. This is legally enforceable and gives the owner all of the rights to the patent for the duration of its life.
  Example: the iPod range (from the iPod nano to the iPod classic to the iPod touch) has been patented by Apple.

Now that you have a better understanding of the intellectual properties surrounding graphic design, do you know which ones you will need in the course of your next project? Do you know whether you have been infringing on anyone’s rights during your past design work? Remember to be careful, as many of the above intellectual properties are enforceable by law.