Understanding copyright law is a crucial part of any graphic design education. BPOVIA can imagine that you may think it is boring. Yes, but you’re an artist–and knowing how that little “c” mark works can help you protect your original stuff and protect yourself from an infringement lawsuit. Clients often ask BPOVIA some questions about copyright and here are some typical questions that BPOVIA Graphic Design Service team received. Today, BPOVIA will give you the answer!

1) What is a copyright, anyway?

BPOVIA: A copyright protects “original works of authorship,” meaning any literary, dramatic, musical, or artistic thing you create. Poems, movies, novels, songs, paintings–even software and architecture can be protected.

When your work is copyrighted, that means you own the rights to reproduce, create adaptations, distribute, sell, display, or perform that work. Graphic designers are usually most concerned with the rights to reproduce or adapt designs, photos, and illustrations.

2) So when is my work protected?

BPOVIA: The moment you create something, it’s protected. You don’t even have to register with the Copyright Office, although doing so can help you prosecute someone if someone is infringing on your rights.

3) Awesome! But what about stuff I do for clients?

BPOVIA: Well, if you work for an agency or company, you usually sign over rights to any work you produce there. It is the same for freelance clients. They’re buying the work, and the rights to it, from you, so it’s technically not yours to reproduce, sell, or display anymore.

4) How to make sure I’m not stepping on the law’s toes when I use work from another artist?

BPOVIA: Well, under fair use laws, there are ways you can legally and fairly use someone’s graphic design work. Using someone’s copyrighted material is cool if you’re using it as part of a parody, a critical review, or for an educational purpose.

But before you go lifting an image for your next graphic design “parody,” make sure you understand how the law determines if material was fairly used. Again, the rules are vague–and every case is determined individually by examining 4 major criteria:

1. Purpose and Character of Your Use: Did you make significant changes or improvements to create something new or give the original new meaning?
2. Nature of the Copyrighted Work: Are you disseminating facts and information (better) or borrowing from fiction (worse)?
3. Amount and Substantiality of What You Used: Are you using just a small portion or short quote? Is that borrowed piecing (however big or small) the heart of the work?
4. The Effect of the Use on the Potential Market: Is your work depriving the original creator of income or are you now making money from what you borrowed?

As you can see, there’s no solid rule about what or how much you can legally borrow. And even if you think you’ve used something fairly, the owner of the copyrighted material can take issue at any time.

So how do you avoid infringing on someone’s copyright? Well, BPOVIA think the simple and direct answer is asking for permission to use the material.