Slideshow for a presentation I gave to UMBC students that goes over the basics of Intellectual Property laws in the U.S. Disclaimer: I am not a lawyer or legal expert and information contained in this presentation should not be taken as explicit advice or in lieu of counsel from a *real* intellectual property lawyer.

1. Copyright & Wrong
Intellectual Property Rights for Designers
Presentation by Sean Heavey

2. • Who here is from
UMBC?
• Who is going to
graduate this or next
year?
• Full Disclosure:
I am NOT a
real lawyer.
• You should not use any
advice or information you
receive in this workshop in
substitution of that from a
real lawyer.
Opening Remarks:
Polls & Full Disclosure

3. Who remembers these
controversial posters?

4. “Fine Art” versions
not part of A.P.
copyright suit.

5. Don’t worry, he’s still getting plenty of work.

6. Intellectual
Property Basics

7. • Specific creations “of
the mind” that can be
protected under law.
• This includes, but is
not limited to: visual
artwork, graphic
communications, logo
designs, website designs,
written documents,
poetry, architectural
plans, catchphrases ,
choreographed dance
routines, mechanical
schematics, musical
compositions, lyrical
compositions, speeches,
and (for the time being)
your genetic material.
What is “intellectual property?”

8. • Copyrights - right to copy,
distribute and adapt an
original work: art, writing,
designs, music. Rights can
be sold, licensed etc.
• Trademarks - exclusive
right to use and display:
names, words, phrases,
logos, symbols - anything
used to identify a
company, product, service
or brand.
• Patents - right to make, use
and sell an invention
What kinds of intellectual
propertycanbeprotected?

9. Copyright:
Ideas vs. Expression

10. • NOT general ideas.
• Ex: revolutionary army of
pandas
• Only specific, original
expressions.
• Ex: See right.
• Short phrases, titles, font
designs not copyrightable.
What kind of works can be
protected by copyright?

11. • If designer is employee,,
work is considered “work-
for-hire” and employer
has automatic ownership
and copyrights.
• If designer is freelance,
non-employee, contractor:
designer has automatic
ownership of work, IP
and copyrights; client
has ownership of actual
produced material - prints,
websites, videos
• In-house contracts will
likely include “work-for-
hire” provisions.
Who owns copyrights on
a body of work?

12. • Automatic copyright
• Copyright good for your
lifespan + 70 years.
• If work-for-hire owner has
95 years from publication
or 120 years from creation,
whichever comes first.
• After copyright expires
work is “public domain”
and free to use.
• Copyright Notice - © - not
necessary.
• Work must be registered
to sue for damages.
How do you copyright
your work?

13. Working with
Copyrights

14. • Consider this: will you
benefit by keeping the
rights to the work? Can
you repurpose the designs
later?
• If the client wishes to
own copyrights and/
or IP of your work, they
should pay extra for the
ownership.
• Clients may demand the
contract state that the
relationship is “work-for-
hire.”
• Rights can also license for
a limited period of time.
Should you keep your
copyrights, IP ownership?

15. • Limited exception to the
exclusive power of the
creator.
• Permission not needed if
use of the work is not to
compete within the work’s
market. -ie. bio article.
• Factors for consideration:
purpose of work - profit,
nature of the original work,
amount of work used,
effect the use of the work
will have on the market for
the copyrighted work.
What is “Fair Use?”

16. • Non-profit licensing
system created to expand
the amount of free work
available for use and
distribution by the general
public.
• Includes “baseline
rights” as well as modular
licensing agreements
based on: attribution,
non-commercial, non-
derivative and “share alike”
principles.
Creative Commons Licensing

17. • Use your own work.
• Smart use of sources:
public domain - NASA,
National Archives, Library
of Congress, creative
commons (under some
licenses) - flickr, behance,
Corroflot
• When in doubt, ask for
permission.
• Carefully read everything
before you sign.
How to avoid being sued.

18. • “If there is no copyright
notice, it is not
copyrighted.”
• “If I’m not making money,
it’s not a violation.”
• “If it’s on the internet, it’s
safe to use.”
• “If I make changes to the
original work, it’s OK.”
• “If I attribute the work,
I can copy, alter, use and
profit from it.”
• “My Star Trek/Desperate
Housewives crossover
fan fiction erotica art is an
original work and does not
violate copyright laws.”
Common Copyright Myths

19. The End