Chapter 6-Business Of Design


If I had to put my own theme title for this chapter summary, I would name this Exploring The World Of Legal Issues. The first thing they discussed in this chapter is intellectual property and how it comes into key play in regards to protecting not only a person or company’s graphic design work, but also in technology, automotive, food, music, and film. These properties are the main laws or regulations that help protect the privacy of each product logo, artist, etc. In the next section, in which they go into depth of copyright laws, the book describes to us of how copyright laws protect the work of any artist,website owner, musician,etc. This section also describes how, through copyright laws, that the many original works of artists, etc. cannot be copied and used as another persons work, if you do violate copyright laws that you could face legal action against you. I also learned that through my study of this section that every piece of work protected under copyright law is legally protected with a trademark. Bottom line: DO NOT COPY AND TAKE CREDIT FOR OTHER PEOPLES WORK!!!!!!!! If you do choose to violate copyright laws, you are pretty much in big trouble and will have a huge hole in your wallet. Only copy of the original artist gives you permission to if the work is under 70 years old. The copyright laws also state that the original creator has the right to modify a film or graphic, and art they created and in order for the copyright laws to take effect on your creation, you must  register your work so if that an unauthorized person decides to copy and claim your work as theirs, you can sue them for infringement and get statutory damages.  Another thing to keep in mind is this, the law states that a creators work is granted copyright for 70 years after the creators death and after 70 years, it becomes public domain.  In regards to the Infringement and fair use section of this chapter, It perfectly made it clear to me the terms of both infringement and fair, but this section of the chapter also describes to us how hard and difficult it can be to prove infringement now and days, as many people may for example, use a image of a deceased movie star, but completely transform it via art/graphic design. Bottom line: If someone uses your design and you want to sue them for infringement, you must have the concrete proof and do your homework, this is how complex proving infringement on your work can be.  In regards to trademarks, in order not to get a lawsuit slapped on your lap, your trademark must be different, including different product and service as well. This section also states that if you start a new business and your business has the same name as another business, your business name must be changed, as that company owned that name first. Also unlike copyright laws, trademark laws are also renewable, which means as long as the business is active and running, that trademark belongs to that business and that business only and it does not have to registered with the government. The bottom line: If someone else has already got the trademark, don’t copy it!!!!!!!!!!!!. I have also learned in this chapter that all patents on any creation must be legit as well.  As far as contractual issues are concerned, one of the main legal keys to protect an artists work are legal documents. In regards to the spec work section of this chapter, doing spec work is basically doing the work and not getting paid when the work is done and this practice is highly frowned upon. Bottom line: don’t do spec work!.  But on a lighter note, it does stress the importance of the value of doing pro bono work for nonprofit organizations, it will give you experience. This chapter to be also perfectly explained the work-for-hire aspect and the assignment aspect as well, those two sections are pretty much self-explanatory, although i found it shocking that an assignment can only last 35 years. The last section the chapter discusses are the nondisclosure and noncompete agreements. This section stresses of how the NDA contract must be a mandatory document how this document should be kept confidential between designer and client. The noncompete clause basically is a clause that bans a designer from moving on to a competitor of their current employer. Final bottom line:  Know all legal issues, do not break the law and get sued! Best and blessings!:)

Discussion Questions

1.  Explain the differences of the terms Infringement and Fair Use.

2. Is it ok to use another persons trademark?


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