Reflections on Copyright Law and Surface Design: Key Insights from Sharon Givoni’s Seminar
Today we embarked on the first of a series of enlightening talks aimed at demystifying the complexities of copyright law for surface designers.
I’m grateful to all who attended and contributed to the engaging discussion. Here’s a concise recap of the pivotal points we explored, ensuring these insights remain fresh and actionable.
At the heart of our conversation was the understanding of copyright as a tool for protection against unauthorised copying. However, I stressed the importance of vigilance among surface designers to avoid infringing on others’ copyrights.
The essence of copyright protection in Australia, and indeed globally, revolves around originality and independent creation. This foundation ensures that your unique expressions are safeguarded under the law. I also reminded designers that for copyright protection to arise the artwork or designs need to be in material form (ideas floating around or discussions just won’t be enough).
The Fine Line Between Idea and Expression
A particularly nuanced aspect of copyright law is its distinction between protecting the expression of an idea rather than the idea itself. We looked at this in some detail and I said that this differentiation often presents a delicate boundary, as illustrated in our discussion of the situation involving Gorman and an artist influenced by a map.
Gorman defended their design as inspired by weather patterns, while the artist saw it as derivative of their work. This case, which garnered media attention rather than judicial review but looking at the images you can see that the idea and expression dichotomy can be fraught with challenges.
In such instances, lawyers with a thorough grasp of the latest copyright case law are best positioned to navigate these intricate legal waters.
Navigating the Digital Realm
A significant cautionary note was on the proliferation of copyrighted materials online. I stressed that ease of access to images does not equate to a free pass to use.
I find in my legal practise that there are so many misconceptions surrounding online content as the accessibility of images and artwork on the internet often leads to the mistaken belief that such materials are free to use. This assumption couldn’t be further from the truth. Most online content is protected by copyright, and using someone else’s work without permission can lead to significant legal repercussions. Most digital content carries copyright protection, necessitating careful consideration in case you wish to incorporate any part of someone else’s work, however small, into your designs.
Proactive measures for you
In addition to the fundamental principles of copyright law, an essential part of our seminar was dedicated to proactive measures in safeguarding your artwork. I emphasised that you need to monitor your own designs against unauthorised use. With the digital age empowering creators and infringers alike, understanding how to utilise tools like reverse Google searches or Tin Eye can be really useful. These resources allow you to scour the Internet for instances of your work.
International Copyright Considerations
The global scope of copyright law offers a protective umbrella worldwide, but enforcement can prove challenging across borders. The diversity in international laws reminds us of the need for robust legal agreements with printers and manufacturers, regardless of their location.
This global perspective helps your surface designs to remain protected, from China to Chile.
The Lifespan of Copyright
An intriguing aspect of copyright is its finite duration, which opens a door to creative possibilities.
Once a work falls into the public domain, it becomes available for use without needing permission. This legal provision breathes new life into historical works, from 19th-century patterns to ancient maps which we saw on the slides, offering a treasure trove for designers. However, it’s crucial to remember that copyright now extends for the author’s lifetime plus 70 years, emphasising the need for due diligence.
The Fine Line of “Same Same but Different”
A compelling discussion arose around the dangers of creating designs too similar to existing ones, even when requested by clients. This thin ice was illustrated through the Seafolly case, where the court examined the “nexus” between the original designs and those alleged to infringe, highlighting the nuanced threshold for what constitutes copying. For an article covering that case please open this link: 2014-ATF-June.pdf (sharongivoni.com.au)
In Closing
As we navigate the vibrant world of surface design, it’s paramount to tread carefully within the legal landscape that protects our creative expressions. This introductory seminar shed light on critical copyright principles, emphasising the balance between inspiration and originality. For a really informative and more detailed article on copyright law please read: Copyright And Wrong? – Sharon Givoni Consulting
Looking Forward and steps that Surface Designers can take
To close, here are a few tips that I reinforced today:
- Review Your Contracts and ensure any agreements with international manufacturers or printers are watertight to protect your designs abroad.
- Explore historical works for inspiration, keeping in mind the duration of copyright protection.
- Exercise caution when asked to create something “similar” to existing designs to avoid potential legal pitfalls. If in doubt, get legal advice.
- Utilise Digital Tools – you can conduct reverse image searches to check for unauthorised use of your designs (Tools like Google Images and Tin Eye are invaluable for this purpose).
- Try and stay informed about the boundaries of copyright law, especially regarding online content.
- If you do find an online piece of artwork or an image you wish to use, make the effort to seek out the copyright owner and request permission.
A final word from me
As we continue this series, I remain committed to illuminating the path for surface designers to thrive creatively while navigating copyright law’s intricacies. Thank you once again for your engagement, and I look forward to our next gathering which will cover contracts.
If you need legal advice on any particular issues, please feel free to contact me at sharon@iplegal.com.au, or visit my website www.sharongivoni.com.au. Your creative journey can be both innovative and legally sound.
Warm regards,
Sharon Givoni
Principal Lawyer
m 0410 557 907
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Topic: Contracts for Surface Designers with Sharon Givoni and Rachael King
Time: Mar 20, 2024 4.30 (Canberra, Sydney, Melbourne) 03:30 PM Brisbane
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