Copyright Blunders Your Graphic Design Business Should Avoid

Search the web and you’ll come across many myths about copyright laws for a graphic design business. It seems like everyone is a legal expert, and some people have come up with creative but dangerous advice for what you can and cannot do with other people’s work. Saving on legal costs is a legitimate concern, especially when you’re starting out and have limited funds. Making copyright blunders could end up costing you a lot more money though, which is why it’s import to avoid ideas that are not grounded in legal reality. Here are just a few:

It’s Yours to Use if It’s on the Web

Copyright ownership entitles the owner to the exclusive right to use, control, license, sell, reproduce or distribute the works that they create or purchase from other creators. You cannot use works published on the Internet by others without permission, because you would be violating their rights. The only exception to that rule is if the work is in the public domain. These are works that are no longer protected by United States copyright laws, such as works created before 1891. You may be sued for copyright infringement if you’re not very careful about this. Find out what you need to do to obtain permission to use photos, graphics, images, videos or any other created work to avoid making a copyright blunder.

You Own the Copyrights if You Designed It

The issue of whether your graphic design business or your client owns the copyrights in the graphics you create is determined by the contract. Most clients will want you to sign a “work made for hire” agreement so that it’s clear that they own the copyrights in what you’re commissioned to create. If you end up in court without an agreement, the court determines whether one exists by verbal agreement or implication. Leaving it to the court to arrive at your intent and the understanding between you and your client is risky. You should lay out your relationship in writing and include clear language on who owns the copyrights to the graphics that you create.

Graphics on Sharing Sites Are Free to Use

Some photographers and graphic designers will post their photos or graphics on sharing websites in order to sell them, or published on websites in exchange for image credits. These are not always “free to use.” You will have to agree to a license in some instances. For example, you may have to agree to notify the creator when you publish it, and include the creator’s byline. The only exception is when the author gives permission to the public to use the work at will. The website may also enter into such an agreement with users, and your only obligation would be to verify the terms and guidelines put into place by the website owners.

One copyright blunder could result in the need to fold your graphic design business, because you were unable to pay for litigation costs. The smarter option is to learn as much as you can about copyright issues that affect your business and avoid legal pitfalls.