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Attention Graphic Designers

drewnicedrewnice 5,465 Posts
edited April 2005 in Strut Central
I'm answering an extensive question for my law course about privacy and copyright as it relates to journalism, newsgathering and editing technology.

Right now I'm stuck at this part:

"What are the privacy and copyright concerns facing reporters and editors who today have access to extensive material on the Web, use of computer graphics and digital manipulation of them."


*Basically, what are the legal issues facing any of you graphic designers?[/b] Is there a resource I can browse regarding privacy and copyright in terms of graphics and photographs?

Any help is much appreciated. This has been the longest week of my life!

  Comments

  • asprinasprin 1,765 Posts
    I think I speak for a lot of us when I say Google Images has expanded my reference catalog by a great deal. Need a photo of a beach, light bulb, pencil, soda can etc. it's very likely that there is a picture out there that google will track down. It's almost very likely that a majority of the personal photos that may come up are not copywritten in any form so access to a lot of these images is free.
  • drewnicedrewnice 5,465 Posts
    Okay, but if you were asked to do work for a corporate client, or somebody you felt had a watchful eye on whatever product they displayed or produced, what would issue(s) would you be most concerned about?
  • SwayzeSwayze 14,705 Posts
    I really was hoping this thread was about you asking some GD dudes to make 'em a

    "World Greatest Grandma-You better ask somebody"


    Bumper Stickers.
  • asprinasprin 1,765 Posts
    I don't know if I understand your question clearly but let me go with what I think you are saying....



    For example, let's say Nike asked me to do a poster for a soccer tournament coming up ... it would defintely be in my interest to hire a photographer to take pictures for me to use here since being a substantial client and all, they will understand if I was to bill them for the model and photographer as well as the design



    On the other hand, if someone wanted a cd cover and had no images of their own, I will check online to see if I can find images to fit the design I'm working on and will most likely use an image that is generic enough to not be recognized but specific enough for the work. That's the beauty of people having thier photo albums online...I have access to a limitless pool of images that I can search and use with very little consequence...



  • asprinasprin 1,765 Posts
    one thing I ususally try to aviod though is the whole trend of ripping off an existing logo and changing to words... I usually dicourage my client from such moves because sooner or later, it will catch up with them
  • z_illaz_illa 867 Posts
    It's almost very likely that a majority of the personal photos that may come up are not copywritten in any form so access to a lot of these images is free.

    umm, thats not true. EVERYTHING on the web is copyrighted. it's a published/distibutable medium. am I wrong?
  • Dj_Coma_ToastDj_Coma_Toast 874 Posts
    pick up the graphic artists guild (gag) handbook for ethical guidlines for lots of info on copyright and ethical pricing for design imaging. i use it all the time, but dont charge as much as i should. People do not understand what copyright and exclusive/limited rights stands for and usually do not pay accordingly.
  • Dj_Coma_ToastDj_Coma_Toast 874 Posts
    Okay, but if you were asked to do work for a corporate client, or somebody you felt had a watchful eye on whatever product they displayed or produced, what would issue(s) would you be most concerned about?

    1.fair compensation
    2.that they only use the image/design to the extent of what is designated in the agreement. Further changes/usage must be compensated for and run by the artist first.
    3.changing the artwork without the artists consent.

    other than that im pretty lenient. willing to provide the best possible work and service as quick as possible. some people will definitely try to undercut the artists, especially when it is work for hire.
  • drewnicedrewnice 5,465 Posts
    It's almost very likely that a majority of the personal photos that may come up are not copywritten in any form so access to a lot of these images is free.



    umm, thats not true. EVERYTHING on the web is copyrighted. it's a published/distibutable medium. am I wrong?




    I think this debate above is what I'm trying to get at.



    For example, say I work for a online news organization and a story comes across my desk that I am to put on our website about "World's Number One Grandama - You Better Ask Somebody" They don't have a picture to accompany it, so I do some searching and end up using a picture of:



    IMG SRC="http://www.reevesfamily.org/Archive/Round up of 2002/Ollie and Grandma kiss.jpg" width=350>

    * Clearly not the World's #1 Granny, that's just nasty



    She could end up seeing it and contact the the company I work for, because I used her likeness without consent...which is either a appropriation or copyright issue. Either way, there would be some legal consequence for that.



    I'm trying to identify the most pressing legal concerns for graphic designers or those that use images on the web.
  • asprinasprin 1,765 Posts
    It's almost very likely that a majority of the personal photos that may come up are not copywritten in any form so access to a lot of these images is free.

    umm, thats not true. EVERYTHING on the web is copyrighted. it's a published/distibutable medium. am I wrong?

    Nope. That doesn't hold up...something has to be copywritten with the federal govt. for it to be legitimate.
  • z_illaz_illa 867 Posts
    from copyright.gov

    HOW TO SECURE A COPYRIGHT
    Copyright Secured Automatically upon Creation
    The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

    Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.

    If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

  • asprinasprin 1,765 Posts
    I'm trying to identify the most pressing legal concerns for graphic designers or those that use images on the web.



    I really don't have much of a concern really esp. since most images I create are created from scratch or with the aid of a reference photo as a starting point and the final is usually not that similar to the source. I would also expect something I put online to be used by someone else as a starting point or a source of inspiration maybe.



    I guess legally speaking, Coma-toast is on point with fair use and fair pay laws when it comes to things we create but...
  • wholewheatwholewheat 437 Posts
    It's almost very likely that a majority of the personal photos that may come up are not copywritten in any form so access to a lot of these images is free.



    umm, thats not true. EVERYTHING on the web is copyrighted. it's a published/distibutable medium. am I wrong?




    Nope. That doesn't hold up...something has to be copywritten with the federal govt. for it to be legitimate.



    When is my work protected?

    Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.



    Do I have to register with your office to be protected?

    No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section ???Copyright Registration.???





    What does copyright protect?

    Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."



    WHAT WORKS ARE PROTECTED?



    Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:



    1. literary works;

    2. musical works, including any accompanying words

    3. dramatic works, including any accompanying music

    4. pantomimes and choreographic works

    5. pictorial, graphic, and sculptural works

    6. motion pictures and other audiovisual works

    7. sound recordings

    8. architectural works





    These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."





    Can I copyright my website?

    The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.



    http://www.copyright.gov/help/faq/faq-general.html





    edit: oops...z_illa beat me to it.

  • Dj_Coma_ToastDj_Coma_Toast 874 Posts






    Nope. That doesn't hold up...something has to be copywritten with the federal govt. for it to be legitimate.



    thats not exactly true. as the creator of the image it is your intellectual property, copyright or no. a handdrawn c and a circle will do. but if you are worried or when it comes to court hearings yes, it is better to have it registered with the federal govt. sometimes you should take the necessary steps to cover your ass. but who is going to go out and copywrite their family photos? using someone else's family photos is really a question of ethics. if you diddnt want your picture used then dont put it on the internet, or copyright it first. You see websites with all images on this website copyrite whomever just typed there at the bottom. someone steals images, after given a typed warning, then it is fair game to sue.
  • asprinasprin 1,765 Posts
    So this maybe the issue that drew is getting at.

    Let me clarify what I'm refering to here...

    eg:

    Let's say I'm doing an illustration and need a reference image of a top hat. I will go online and look for a picutre of a top hat be it from an online top hat store or a personal picture someone took of a friend in a top hat. I'll use a combination of images to come up with a top hat of my own using the images at hand. Am I using images that aren't my own ... yes. Is it something that any of the creators of the picture can bring legal action on? No.

    eg 2:

    Let's say I need to use a picutre of the "hollywood" sign in a design. There are thousands of picture of it all over the place. I end up using one that I find to be generic enough not to stand out on it's own but clean and hi-res enough so that it will work for what I need to do with it. Did I take the picture ... no. Is it a unique enough of a creation for someone to bring legal action? ... very unlikely.



    ...at the end of the day, the laws are pretty much clear. If I put a beat online, I should understand that it is out there for anyone to download and it's likely that it may be used without my knowledge. Is it my creation the minute I deemed it a complete beat...sure. Will that hold up on it's own without a registration marking the date and creator of it...unlikely.
  • drewnicedrewnice 5,465 Posts

    eg:

    Let's say I'm doing an illustration and need a reference image of a top hat. I will go online and look for a picutre of a top hat be it from an online top hat store or a personal picture someone took of a friend in a top hat. I'll use a combination of images to come up with a top hat of my own using the images at hand. Am I using images that aren't my own ... yes. Is it something that any of the creators of the picture can bring legal action on? No.

    This gets into the legal issue of substantial similarity, where you're right Asprin - if you make it your own creation unique enough, there is little ground to sue.



    * Thanks to everyone who offered some words in this thread, your comments provided me with what I believe is a solid starting point for beginning my research.
  • Dj_Coma_ToastDj_Coma_Toast 874 Posts




    * Thanks to everyone who offered some words in this thread, your comments provided me with what I believe is a solid starting point for beginning my research.

    you better cite soulstrut in your references or were taking your ass to court!
  • DelayDelay 4,530 Posts
    one thing I ususally try to aviod though is the whole trend of ripping off an existing logo and changing to words... I usually dicourage my client from such moves because sooner or later, it will catch up with them
    Dont be scurred!!!


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