Graphics Reference
In-Depth Information
from buying the original—or even a reproduction of the original—you could be
in trouble.
Note that there is a big difference between copying an actual artistic creation
and using the idea behind it. Neither ideas nor facts can be copyrighted—only the
specific way that they are expressed.
One final consideration: Even when your piece meets all the legal tests for fair
use, if it moves to the wide visibility of a website you could find yourself challenged
in court by a company with a large legal department. Even if you win, it could be an
expensive victory. When in doubt, don't do it.
Young creatives are accustomed to YouTube parodies and illegal but ubiquitous
music downloads. They know that there are plenty of sources for media online, and
that, most of the time, infringement means little more than a wrist slap. So some-
times it's hard for them to swallow the message: Using assets that aren't yours with-
out crediting them in your portfolio can get you into trouble. The creative community
is small enough that, eventually, people who fail to respect the rights of others feel
the consequences. And it's worth considering: A person who is willing to borrow or
appropriate the work of others shouldn't be surprised if someone else returns the
compliment. If your intentions are honorable, you should make an attempt to reach
the copyright owner to get their blessing. Nolo Press (
www.nolo.com)
offers
Getting
Permission,
a book that explains the permission process in detail, and includes any
and all forms you might need to do it right.
The easiest way to go wrong with copyright issues is through incorrect assump-
tions. Like icebergs, a project element that looks insignificant at first glance can actu-
ally have surprisingly large issues attached to it. The following are standard creative
situations where copyright issues can sneak up on you.
“Orphan” projects
An orphan project is one where the client no longer exists. There is little
chance that the client is going to rise from the dead, grasping for rights with its
mummified hands. But photographs or other artwork in these projects may have been
purchased for limited or one-time use. Showing such work on a disc or at high resolu-
tion on a web portfolio is chancy.
Design comps
It isn't ethical to use another person's work in a comp without requesting per-
mission, but it's accepted professional practice to do so if you end up hiring the artist
for the project or paying their licensing fee.
But what if you didn't end up hiring the artist? Sometimes, a designer develops
a concept, but their idea isn't the one the client picks. Unfortunately, if the comp
