Hot answers tagged copyright
16
It's got to do with the legal distinction between a font and a typeface. Fonts being the digital implementation of an original typeface design.
The Akzidenz-Grotesk typeface may be over a hundred years old and out of copyright, but the font that happens to share its name and is obviously based on it, is a new and distinct legal object, subject to its own ...
10
No, those are all way too close. You're suffering from Red Shorts Syndrome.
What does that mean? Well, let's say you watch a race, and the guy who won the race wore red shorts. If you want to win a race, do you go out and buy red shorts and assume that wearing them will make you win? No, you look at what the winner did to train himself so that he could win. ...
9
I think you've copied too much, and so no, it's not ethical. Using one or two elements of someone else's idea is one thing, but when your site is essentially Same Song, Different Verse of the other guy's, then no.
To fix this, change things up. Use a different font of similar style — if it's Helvetica, use Franklin Gothic or Stone Sans; if it's Times, ...
9
According to the U.S. copyright act:
A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work ...
8
It's almost redundant to point out that violating someone's copyright is not only unethical, it is illegal. And, yes, it is certainly possible that someone might "contact" you on the subject, depending on the circumstances. If you have no license to use a particular font, but you gained financially by using it, you don't have a defense. "Possible" is not the ...
8
I asked the site owner for permission to use his backgrounds, and he granted to me upon the condition that I show him the finished product.
I'm rather ashamed to do so. The sites will look uncomfortably similar.
It sounds like you answered your own question. If there was no ethical problem with what you did, why would you feel shame? Why would you ...
7
Yes, a vectorized image generally counts as a derivative of the original, which means that distributing it without the original copyright holder's permission would be a copyright violation.
Of course, if you just want to make a nice poster to hand on your own wall, then you're probably safe — doing so might or might not be legal, depending on your ...
7
What you need to do is contact a lawyer experienced in copyright law. More than likely the first step they will take is send a cease and desist letter to the company. Only after that happens will they suggest further action, if and only if the company does not make the necessary changes.
The host provider probably won't want any involvement either until it ...
7
Any contract should clearly state what the client is purchasing rights to, what those rights are, and what the designer is retaining.
I never sell rights to sketches, preliminaries, notes, etc. They are always retained and the client is purchasing the final image/design/product only.
I will sell the rights to the final product if it's negotiated - this ...
7
Where a logo is concerned, or similar identity material, the client would have to be very naive, or very foolish, and the designer unethical, not to ensure that all rights in the finished design are transferred to the client upon acceptance of the finished work. As the designer, you never lose the right to display in your portfolio (including your website) a ...
7
The answer to this may be different to what you expect since in many countries (including the US, but not all countries!) a font is protected like a piece of software, and the design of the letters in the font are not protected at all. A copy is therefore defined by taking all or part of the original font file and actually copying it, possibly translating ...
7
I wouldn't necessarily be insulted. Your client is simply coming to the table with some terms. You can accept them, deny them, or counter.
I'd recommend countering with a formal contract. Typically designers do not deliver the work files for a number of reasons (the least of which is that the client usually has no use for them). But it's not unusual either. ...
7
That question is hard to answer in general.
I think it depends on your location and what you want do with it.
I have found this link, which is about lyrics quoted in books, but I think you can transfer it to your question:
Quoting Lyrics and Dodging Copyright Issues by Grant Piercy
As suggestet, here are some quotes from the article:
Let me make this ...
6
I haven't read about anyone being sued for vectorizing, but I have read about someone being sued for pixelating.
After seven months of legal wrangling, we reached a settlement. Last
September, I paid Maisel a sum of $32,500 and I'm unable to use the
artwork again.
Pixelating is removing detail whereas vectorizing would be adding detail (if you ...
6
The answer to this question only exists in the courtroom, and even then, it's a blurry grey line.
That's the legal issue, at least.
The moral/ethical part is highly subjective heavily dependent on way to many variables to have any meaningful generic answer.
Finally, sometimes it makes complete sense to outright steal. Especially in UI design where ...
6
The licenses of both iStock and Shutterstock require copyright notice and attribution where the images are displayed as themselves.
As a personal recommendation, I do not take on dishonest people as clients. This isn't only a matter of distaste: you cannot expect that someone who is dishonest with others will be honest with you.
6
Yes - it completely depends on which country you are in. If you want to make it really fun, post it on the internet and then try to chase after copyright infringement in multiple countries.
Copyright laws of the United States: http://www.copyright.gov/title17/
Copyright laws in Canada: ...
6
There is a difference between Copying and Creating a Derived Work.
The first rule of ethics is, "is it ok for others to this to me?", considering one is not too far away from the norms of the society, then if you think it is ok to do something to you/your work then you can have a clean conscious.
See if you see your work taken and turned into something ...
6
Simple answer to your question: NO
As a creative type, I'd never answer with, "it's OK - go for it." But as a creative type, it's getting more and more difficult to be original...truly original.
HOWEVER, grabbing a design that you like, just to swap colors, fonts, and logos is about as close to plagiarism as you can get - IMHO.
The funny thing is, I agree ...
6
American copyright law states that if you work for a company (not on a contractor/freelance basis, but as a registered employee of that company), anything you create while working at your job, during your hours, is owned by your employer, be that the company or a specific person in the hierarchy.
Anything you make on your own time, off hours, is owned by ...
6
I know this isn't the answer you are looking for, but I think you are asking the wrong question.
There is more to sustainability than just "can I get away with this?". If you are planning to make a career in design you will need to get paid for your efforts. By not legally purchasing a product that is commercially available, you are tacitly endorsing a ...
6
A couple years ago a publishing company in the UK was beset upon by the Business Software Association for unlicensed use of fonts in their titles. A former and disgruntled employee gave the tip. The publishing company had to pay well into the six figures in fines as a result of the audit, far more expensive than if they just paid for the licenses up front.
...
6
Copyright laws are fuzzy to begin with, and vary from region to region. When it comes to type design, it's even more wild and varied.
For instance, in the US, you can't even copyright a typeface design. You can design a typeface, I can redraw it, and then I can legally sell the same design under a different name.
The digital file, on the other hand, can ...
6
That depends on what was agreed upon.
But most designers sell their finished artwork with all the files neccesary to produce the design. For example: a logo should always be handed over in vector format, but you can flatten it and clean it up so your drafts, alternatives and fonts aren't in the file anymore. For a website it depends on how it is made. ...
6
You can definitely use it to create static images and such for your site. With Helvetica on your computer, you can create as many images for as many sites as you want.
See this page for further reading. The general idea with fonts is that they're treated like software. So, if you have a computer program on your computer, you can use it to do whatever on ...
5
The guy who created the Obama Hope poster was dinged for violating AP's copyright. While I'm not a lawyer, I'd say if it's for your personal use, you're probably not going to get sued, but if you put it out into the world in any capacity, and/or if you try to make money from it, you'll be in trouble.
5
Client wants to purchase only stock image from my design mockup instead of my design. How to handle?
If it's a stock photo available on the web, they'll find it eventually. Especially if they know it's merely a stock photo. If you can't resell it, then your choices are clear - give a link or tell them no.
The bigger question is how important is the client? Especially compared to the value of the stock photo? Trying to hold on to clients with an iron grip ...
5
Apparently, Wikimedia Commons considers it freely usable for all purposes, i.e. effectively in the public domain.
Specifically, they base this on the wording on the Japanese Foundation for Promoting Personal Mobility and Ecological Transportation website (the "green man running through the door" sign was originally designed in Japan, by one Yukio Ota, ...
5
It would appear this is prohibited.
Stack Overflow: Can I legally show Microsoft Office and Project icons in my desktop application?
Microsoft: Intellectual Property permissions
Microsoft product icons are the thumbnail-sized images indicating that a Microsoft product has been installed on your operating system. Icons may not be used in advertising, in ...
5
This sounds more like a copyright related issue, than a graphic design issue. So it's probably not appropriate for GraphicDesign.
Found some links that might help you though:
Copyright basics for graphic designers
Ethics and fair use for graphic designers
Only top voted, non community-wiki answers of a minimum length are eligible
