Protecting Your Designs (Intellectual Property)
Written by Tara: Freelance Designer on Monday, 12 of November , 2007 at 10:18 am
I have been doing a lot of research lately into protecting your design work and have come across some sites which you may find useful. One of the frustrating things I have found is how much it can cost to try and protect your work, even if you manage to get official protection in your own country that often doesn’t cover other countries, which again will be an additional cost. For example to apply to register a trademark in several classes, in fees to the patent office alone (without solicitors fees if you choose to use one) can cost from several hundreds to over a thousand pounds and that is just for one country.
There are of course the government Intellectual property sites which have some information to help you:
The UK Intellectual Property Office
The US Patent and Trademark Office
There are many different ways you can protect your work - the simplest being copyright, which you automatically own on producing a work of art. In the US you can officially register copyright, but currently in the UK this option is not available, so if you want some way of proving the date of creation of a piece of work you can either get someone like a solicitor, or bank to stamp and date your work or use one of the unofficial copyright registers
You can also register designs (the look colour, design and shape) which again you can find out more about through your country’s intellectual property office but there are several other sites you may find useful -
ACID
“ACID (Anti Copying In Design) is a membership trade organisation, set up as a round table action group in 1996, by designers for designers – now a hard-hitting “not for profit” trade organisation created to combat the growing threats of plagiarism in the design and creative industries.”
Own-IT
I wish I had found this site a long time ago it has loads of useful information including podcasts giving you an overview of protecting your design work. Another great resource is the standard forms you can download such as non disclosure forms and copyright assignment. Well worth a look.
Design Protect
Another Site full of legal information on protecting your design work.
Charity at Design adaptations has further information for protecting your creative work
Category: General Graphic Design
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Comment by David Airey
Made Monday, 12 of November , 2007 at 3:48 pm
I’ve a draft article about trademarks, yet to go live as I hadn’t finished it.
I didn’t find it too easy finding the right info when searching online, so it’s no surprise to see you publish an article about this.
Nice work Tara.
Comment by Tara: Freelance Designer
Made Monday, 12 of November , 2007 at 3:51 pm
HI David
Thanks, let me know when you publish it and I’ll add your link.
Comment by Graham :: Map Maker
Made Thursday, 15 of November , 2007 at 10:28 am
Photographers seem to be on the ball when it comes to copyright. I designed a national newspaper advert for a client that sells cruise holidays and he asked me to include a photograph from one of the cruise lines brochures. Now we both were under the assumption that if the cruise line published an image they must hold the copyright and as we were selling their cruises we could use it in the advert.
Lo and behold we had a phone call from a photographer the day after it was published claiming copyright in the image and demanding payment. After much discussion and research he proved that the image was his (even though it was cropped, reversed and in newsprint). We paid!
You can always resort to a solicitors letter and take companies to court but from experience if your copyright has been infringed:
1. Ask politely for payment with evidence that you were the creator of the original work.
2. Try a solicitors letter.
3. If you think its financially worth it take them to court.
On a separate note beware of including maps in your artwork because Ordnance Survey are VERY hot on copyright - get specialist advice.
Comment by sazzelli
Made Thursday, 15 of November , 2007 at 10:31 am
his was quite useful, its a shame ive only just read it.
It’s just happened to me today, some guy who’s client is eastpak, tricked me into making a font for him and now he is going to use it and there was no intentions of anything in return! and its going to be something thats used in europe so surely there would be enough money involved to give me a bit for my effort…. gez i hate some sneaky designers. but its my fault but i thought it was a friend
Comment by LaurenMarie - Creative Curio
Made Thursday, 15 of November , 2007 at 10:32 am
This is one of those things we wish we didn’t have to deal with! If everyone could just be honest… but that’s a fantasy world. Thanks for these useful links, Tara (and thanks for looking into US protections, too!)
Comment by Tara: Freelance Designer
Made Thursday, 15 of November , 2007 at 10:32 am
HI Lauren
I was saying exactly the same thing to my boyfriend the other day, the honest people have to spend loads of money to try and stop the dishonest riping them off 
Comment by No win no fee solicitors
Made Wednesday, 9 of January , 2008 at 8:02 pm
Intellectual property attorneys are normally very expensive. The best way for a small business to fight for their copyright infringements is to find a lawyer who is willing to take their case on a conditional fee basis also known as no win no fee claims.