Graphics Reference
In-Depth Information
You can't cover every possibility without becoming too paranoid to show any
work digitally. This chapter will help you become more aware of your rights and
responsibilities, suggest ways to minimize your risk, and prevent you from making
assumptions that could get you into trouble later.
Terms of ownership
Intellectual property:
A unique or new intangible asset created by the human mind.
Copyright:
Exclusive rights to an identifiable expression of intellectual property, as defined
specifically by the government that grants the copyright.
Trademark:
Something that visually and/or verbally distinguishes one individual's or orga-
nization's product from its competitors. A trademark can be a logo, an advertising phrase,
a symbol, a brand name, a design, or some combination.
Public domain:
Another way to describe intellectual property that the law sees as public
property. Works enter the public domain when their copyright expires (see copyright.cor-
nell.edu/resources/publicdomain.cfm for a chart of when that takes place in the U.S.), or
when their legal owner declares them available for use without reservation. A work's copy-
right expiration date is determined by the year it was initially copyrighted. However, after
1921, different blocks of dates have different minimum copyright lengths.
Infringement:
The improper use of a legally recognized piece of intellectual property.
Trademark infringement is limited to the misuse of an identifying symbol, like incorporat-
ing Mickey Mouse ears into a logo for a company called Mouseworks Design. Copyright
infringement is broader, since copyright protects most original artistic and intellectual
expression.
Fair use:
The doctrine that some forms of expression that use another's copyrighted intel-
lectual property do not infringe the copyright.
Cease and desist order:
A legal order that forces a copyright infringer to immediately stop
using infringed art or pay fees that are usually steep and accumulate daily.
Most copyright problems arise from a misunderstanding about
fair use
(see the
“Terms of ownership” sidebar above). Whether your use qualifies as fair use is deter-
mined by a combination of subjective factors. Issues like intent, type of work, and
the profit motive are all considered. In all cases, interpretation is key. But this inter-
pretation is usually made with a bias toward protecting the original copyright owner.
Assuming that something is in the public domain, or relying on the principle of fair
use without checking on the status of a specific piece, causes trouble.
