Copyright & Intellectual Property 2023

	2,900+ Word length
	13-15 minute reading time
	Adam & ChatGPT wrote this

Protect Your Work:
A Guide to Copyright and Intellectual Property in your Industry…

Contents

Have you ever come across a design or a piece of artwork that seemed all too familiar? Like you’ve seen it somewhere before?
It’s not just your imagination, chances are you have seen it before. In today’s world of art & design, very little work is truly original.
A lot of what we create is either inspired by, built upon, or a derivative of previous works that came before us. These are important points that we’ll explore in this short-series blog post.

Introduction

Thinking about it, when we’re working on a new design project, we often look to other designs for inspiration first. We take elements that we like and put our own spin on them, adding our own unique touch to create something new. The same is true for photographers, who often take inspiration from other photographers, or artists who draw inspiration from their favorite artists. Even musicians riff off of other musicians both past and present.

This is not a bad thing, far from it. In fact, it’s a natural part of the creative process. But it does raise the question of how much of what we create is truly original, and how much of it is influenced by the works that came before us. The answer, of course, is that it varies, but what is clear is that very little work is completely original.

So, if so much of what we create is influenced by other works, what does that mean for the concept of originality in design and art? And more importantly, how can we ensure that we’re not accidentally infringing on someone else’s copyright or intellectual property?

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Clear Trademark Infringement in Chengdu, China

Clear Trademark Infringement of the Nike Brand above a sports shop
in Chengdu, China. I found hundreds of cases of this on a trip to China. The products inside were clearly copies of Nike apparel.

Understanding Copyright Laws and Trademarks>Copyright laws are a set of legal rules that govern the rights of creators to control the use of their original works. These works can include anything from writing and music to paintings, photographs, and designs. Copyright laws give creators the exclusive right to reproduce, distribute, and display their works, and to authorize others to do so. They also give creators the right to control the use of their works in derivative works, such as adaptations and translations.

Trademarks, on the other hand, are symbols, logos, or designs that are used to identify and distinguish a particular brand or product from others. They are an important form of Intellectual Property and serve as a means of protecting a company’s brand identity. Trademarks are often used in conjunction with other forms of intellectual property, such as patents and copyrights, to provide a comprehensive system of protection for a company’s intellectual property. Trademarks are important for both the brand owner and the consumer, as they ensure that the consumer can easily identify the brand and its products, and that the brand owner can protect the integrity of its brand identity.

Both copyright laws and trademarks are important for anyone working in the image creation industries, as they help to ensure that creators and brands are protected, and that consumers are able to easily identify and differentiate between different products and services. Understanding these laws and how they apply to your work is an important step in ensuring that you are able to protect your own rights and intellectual property, and to avoid any legal trouble.

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Protecting Your Work: Best Practices

s a designer, photographer, or image creator, it’s important to take steps to protect your work and ensure that you are able to control how it is used and distributed. In this section, we’ll discuss the best practices for protecting your designs, photos, and images, including how to:

Register your work: One of the most important steps you can take to protect your work is to register it with the appropriate copyright office. This will give you a legal record of your ownership of the work and can help you in the event of any disputes over its use.
Create a portfolio: Keeping a portfolio of your work is a great way to showcase your talents and to provide a reference for your clients and potential clients. It’s also a good way to keep track of your work and to have a record of it for future reference.
Establish a trademark: If you’re working in the design or image creation industries, you may want to consider establishing a trademark for your work. This will give you a legal right to use your design or logo, and will help you to protect it from unauthorized use by others.

By following these best practices, you can help to ensure that your work is protected and that you are able to control how it is used and distributed. Additionally, these steps can help you to establish your brand and to grow your business in the design, photography, and image creation industries.

In addition to the steps discussed above, there are a number of other things you can do to help protect your work and to legitimize your operation. These include:

Registering your company name, business name, and domain name URL: By registering your company name, business name, and domain name URL, you can help to create a clear and official record of your business and your ownership of your work. This can help to protect your work and to legitimize it in the eyes of others.
Displaying your work incomplete or watermarked: Another common method for protecting your work is to display it incomplete or watermarked. This can help to prevent others from using your work without your permission and can also help to identify your work if it is used without your authorization.
Branding your work: Finally, you can also help to protect your work and to legitimize it by branding it in some way. This can include adding a logo or tagline to your work, or using a specific style or format that is associated with your brand. By doing this, you can help to create a clear and recognizable identity for your work and to protect it from unauthorized use.

By following these additional steps, you can help to further protect your work and to establish your brand in the design, photography, and image creation industries. Additionally, these steps can help you to build a stronger reputation for your work and to grow your business in these industries.

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Arm & Hammer Packaging in China is a blatent ripoff.

An extremem example of Arm & Hammer Packaging in China that is a blatent ripoff and even stocked side-by-side.

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Avoiding Trouble: How to Identify and Avoid Plagiarism

of the biggest challenges facing designers, photographers, and image creators is avoiding plagiarism and infringement of others’ copyright and intellectual property rights. In this section, we’ll discuss how to identify and avoid plagiarism, including tips on how to avoid unintentionally infringing on others’ rights.

Know the laws: It’s important to have a good understanding of copyright laws and intellectual property rights, including what they are and how they apply to your work. Familiarize yourself with the various types of laws, such as Creative Commons (CC) licenses, that govern the use of others’ work. This will help you to avoid infringing on others’ rights and to take the necessary steps to protect your own work.
Research before using others’ work: Before using any work created by others, it’s important to research and ensure that it is not protected by copyright or trademark laws. If you’re unsure, it’s best to err on the side of caution and not use the work without obtaining permission from the owner.
Keep records: Keeping records of the sources of your work and any permissions you have obtained can help to protect you in the event of any disputes over its use. This is particularly important if you are using others’ work in your own designs or images.
Avoid copying: While it can be tempting to copy others’ work, it’s important to avoid this practice as it can result in legal problems and damage to your reputation. Instead, strive to create original work that is unique and reflects your own style and creativity.

By following these tips and guidelines, you can help to avoid plagiarism and infringement of others’ rights, and to protect your own work and reputation in the design, photography, and image creation industries. Additionally, by taking these steps, you can help to establish yourself as a trustworthy and ethical professional in these industries.

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Image

Image Licensing and Protection: What You Need to Know

it comes to protecting your designs, photos, and images, licensing and protection are critical components. In this section, we’ll cover everything you need to know about licensing and protecting your work, including:

Types of licenses: There are various types of licenses that can be applied to your work, including exclusive and non-exclusive licenses, as well as licenses that allow for limited use of your work. Understanding the different types of licenses can help you to make informed decisions about how to license your work and to protect it from unauthorized use.
Licensing your work: To license your work, you’ll need to specify the terms of the license and provide clear instructions on how others may use your work. This can include details such as the duration of the license, the geographic region in which the work may be used, and any restrictions on its use.
Protecting your images: One of the best ways to protect your designs, photos, and images is to register them with the appropriate copyright and trademark authorities. This will give you the legal protection you need to prevent unauthorized use of your work and to enforce your rights in the event of any disputes.
Buying stock imagery and assets: If you’re purchasing stock imagery, templates, icons, or other assets, it’s important to ensure that you have the appropriate license to use them in your work. Some stock imagery and assets may come with a limited license that restricts their use, while others may be available for use without restriction.

By understanding the basics of image licensing and protection, you can take the necessary steps to protect your work and to ensure that you are in compliance with the law. Whether you’re a designer, photographer, or image creator, these guidelines can help you to safeguard your work and to establish yourself as a trusted and professional member of these industries.

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Dealing

Dealing with Copyright Infringement

believe your work has been infringed upon, it’s important to take action to protect your rights. Here are the steps you can take to address the issue:

Investigate the Infringement: Before taking any legal action, you need to determine whether or not the work in question is actually an infringement of your rights. Look for similarities between your work and the allegedly infringing work.
Send a Cease and Desist Letter: If you determine that your work has been infringed upon, you can send a cease and desist letter to the infringing party. This letter should request that the infringing party stop using your work and should also advise them of the consequences of continuing to use the work.
File a Complaint with the Appropriate Agency: If the infringing party continues to use your work after receiving the cease and desist letter, you can file a complaint with the appropriate agency, such as the U.S. Copyright Office.
Take Legal Action: In some cases, you may need to take legal action to protect your rights. This can include filing a lawsuit or seeking an injunction to stop the infringing party from using your work.

It’s important to remember that copyright infringement can be a complex issue and it may be in your best interest to consult with an attorney before taking any action. The above steps are provided for informational purposes only and should not be considered legal advice.

Scripts to Help the Reader:

If you think someone has used your work without your permission, don’t panic. Start by researching the situation and gathering evidence of the infringement.
If you’re sure your rights have been infringed upon, send a cease and desist letter to the infringing party. This letter should be clear, polite, and firm.
If the infringing party continues to use your work, you may need to take legal action. This could include filing a complaint with the appropriate agency or taking the matter to court.
Always consider seeking the advice of a legal professional before taking any action. They can help you understand your rights and options and guide you through the process of protecting your work.

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Authors N

Authors Notes

ry Country is going to have their own set of standards and legislation. USA has theirs and then California goes even further so do a search and get acquainted with how Copyright & Intellectual Property works in your neck of the woods.

According to Business Victoria here in the land of Oz:
‘You don’t need to register for copyright in Australia. The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia. Copyright protection is free and automatic under the Copyright Act 1968.’

If you are a technical reading enthusiast and are not bored easily then you can head to the actual Copyright Act and get familiar with the details. Federal Register of Legislation.

One trick I have always used is I upload my photography work on Flickr for example. It automatically sits under Creative Commons, I can track it’s downloads and therefore some of the uses of the works if that’s what I set in my account.

Get familiar with Digital Rights Management (DRM) as when you upload your work to say for example: Flickr, Youtube, Instagram, Facebook or Tiktok, their Terms & Conditions can often state that by uploading your content onto their servers, you are giving them ownership to do whatever they like with it. In Youtube’s case they will load Advertising over the video content and derive revenue from that, which you can get a cut of if you’re cool with it. Clearly many people are.

Pinterest is a great way to collect moodboards for your next design project. It’s an interesting exercise as you’ll see how much similar work and style there is out there. It’s a great way to collectively pin all your inspiration that will send instant feedback yelling ‘don’t copy this’.

Here in Australia I have personally used LawPath which has been extremely helpful. They have loads of pre-made templates to get started with and when I signed up on the Government rebate plan I had a number of hours of access to Lawyers to ask questions and get advice. All the legals on this website were done using Lawpath’s Documents. So helpful.

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Conclusion

Conclusion and Final Thoughts

de, we have covered the essential information you need to know about copyright and intellectual property in the design, photography, and image creation industries. We have discussed the basics of copyright laws and trademarks, best practices for protecting your work, and tips for avoiding plagiarism. We have also covered image licensing and protection, as well as what to do if you believe your work has been infringed upon.

As a final thought, it’s important to always be mindful of the work you create and ensure that it is original and protected. To help you stay organized and on top of things, here’s a checklist of things to keep in mind when protecting your work:

Checklist for Protecting Your Work:

Register your work with the appropriate authorities.
Establish a trademark for your business name, company name, domain name URL.
Keep a portfolio of your work, including any relevant documentation and contracts.
Know and understand the different types of licenses and how to license your work.
Use watermarks, incomplete or branded in some way to protect your images.
Know the laws surrounding creative commons and other licensing models.
Be vigilant and always look out for potential plagiarism.
If you believe your work has been infringed upon, take appropriate legal action.

By following these best practices and tips, you can ensure that your designs, photos, and images are protected and secure. It’s always better to be proactive and take steps to protect your work, rather than trying to rectify a problem after it has already occurred. With the information provided in this guide, you have the tools you need to get started protecting your work and ensure its longevity in your industry.

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Using our Tem

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Winding Up

photographer, or image creator, your work is your intellectual property, and it’s important to protect it. Whether you’re just starting out or have been in the business for years, understanding the basics of copyright and intellectual property is essential for protecting your precious work.

Thanks for reading and I hope this short article was helpful.

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