1 The Complications of Copyrighting Graphic Design Prepared for Gorgeous Graphic Design, Inc. By: Billie Joe Armstrong, Vanessa Carlton, and Dave Matthews July 11, 2005 Executive Summary With the internet as one of the main sources of media, new problems are rising. One of these concerns is copyrighting graphic design. Graphic designers plan and format web layouts, normally for a company. Since designers create these works from their own creativity, they consider them art. However, there are no laws against people directly taking these designs in their works. Therefore, several alternatives are being pursued. Designers can protect their code from copying. They can send themselves their own designs through the mail to create proof of authorship. If all else fails, they can make the attempt at legal action despite the lack of laws. Introduction: Copyright Issues are Important to Graphic Designers Copyrighting is an important part of any creative idea. It protects an individual’s work from being directly copied without permission. This gives the designer power over what they created. Yet with graphic design, there are no laws protecting these specific individuals. The definition of what copyrighting protects is stated by the Australian Copyright Council, “Copyright protects a range of material, including artistic works, written material, musical works, and films” (2003). Clearly it is stated that artistic works are included in the definition. Also stated by the A.C.C. is that: Copyrighting does not, however, protect ideas, styles or techniques. For example, the “look and feel” of a newsletter or other publication is not generally protected by copyright. A person may therefore generally copy ideas about how a publication might be laid out (2003). This is why copyrighting this specific idea is a problem. It is hard protect the designs because they are layouts.
Research Specifically Defines Problem and Seeks Alternatives This main problem researched is that there are no laws protecting these “layouts” because it is only an idea; since it is only a “look and feel” it is hard to fit into the definition of copyrighting. However, due to the unofficial copyright all creative works hold, just because a work is not copyrighted does not mean that the work is
2 not protected (Creative Public 2001). The viewer will find that design is hard to fit the definition of copyright so the focus was on the point that works are copyrighted without being legally copyrighted. Research was done on the ways people are trying to copyright their works and the alternatives being sought. Alternative 1: Code Protection As of now no drastic steps are being taken at this point in time about the issue of copying web designs, but the designer can still take some measures that can help protect the design. Some sites do not allow the viewer to copy the site owner’s code. The code must be purchased. Then, the customer may use the design on his/her own site as long as proper credit is given (Zoll and Kranz 2001). Alternative 2: Use of Mail to Assure Authorship Another approach is for the designers to sketch the design and mail it to themselves. If they do not open the letter, it preserves the date of creation. It can be used as pieces of evidence and it also creates a tangible form of the site, which means it becomes copyrightable (Oppedahl and Larson 2006). Alternate 3: Legal Avenues The designer can attempt to take legal measures, as long as he/she can prove that the violator copied the work. Unfortunately, the state of the law in these matters is very vague and legal action would most likely be a long, drawn-out process (Computer Graphics Designer 2005). Plan of Action The Internet is a place where it is extraordinarily easy to copy things. Areas where future research can be beneficial are examining changing copyright laws and looking into technological advances which would make source code more secure. Copyrighting needs to be able to change the definition to fit in the styles, ideas, and techniques of work because often the look and feel of a work is the most important concept. The Internet also needs to be more secure. A viewer should not be able to go to their favorite site, right click the page and copy the code. Though some sites prevent the viewer from right clicking on their pages, it is still easy to get their code. There needs to be more advanced methods to prevent people from committing such acts, which are virtually untraceable.
3
Sources: Australian Copyright Council. (2003, July). Graphic designers. Retrieved March 2, 2005, from http://www.copyright.org.au Computer Graphics Designer. Retrieved March 2, 2005, from http://www.packagingcareers.org/jobs/compgraphics.html Creative Public. (2001). Do I Need A Copyright? Retrieved March 2, 2005, from http://www.creativepublic.com/copyright.php Maxwell, Jill. (2001, March). “Copying Web Design: How Much Is Too Much?” Inc. Magazine. Retrieved March 3, 2005, from http://www.inc.com/magazine/20010315/22247.html Oppedahl and Larson. (2006). Web Law FAQ. Retrieved March 2, 2005, from http://www.patents.com/weblaw.sht Zoll and Kranz. (2001). Copyrighting Your Website. Retrieved March 3, 2005, from http://www.toledolaw.com/CM/Articles/articles14.asp