All about Copyright Law for a Designer

1. COPYRIGHT
LAW

2. WHAT IS COPYRIGHT?

3. COPYRIGHT
Is a form of protection provided by
the laws to the authors of a
creative work to stop other people
from
copying,
publishing
or
adapting your work without your
permission.

4. COPYRIGHT OWNERS:
 The Creator/ Designer owns the copyright in
work he creates on a freelance basis.
 If employed, by an organization or government,
then the Employer/ Government owns the copyright.
 Commissioned photographs, engravings and
portraits belong to the Commissioning Person.

5. RIGHTS OF COPYRIGHT
OWNERS
 Reproduction : The right to make copies of a protected work
 Adaptation : The right to prepare new works based on the
protected work
 Distribution : The right to sell or otherwise distribute copies
to the public
 Performance : The rights to perform a protected work
 Display : The rights to display a work in public

6. WHAT DOES COPYRIGHT
PROTECT?
 Literary arts: poetry, books, written copy, novels,
short stories, speeches, software code, etc.
 Musical arts: sheet music, recorded
performances, CDs, DVDs, tapes, etc.
music,
 Visual arts: illustrations, designs, paintings,
drawings, photographs, sculptures,
architectural
designs, movies, multimedia, videos, DVDs, video
games, all fine arts, etc.
 Performing arts: choreography, plays, musicals, etc.

7. COPYRIGHTABLE
1.
2.
3.
4.
5.
6.
7.
8.
Literary works
Musical works, including lyrics
Dramatic works, including accompanying music
Choreographic works
Artistic works, including graphic, pictorial and
sculptural works
Motion picture and other audio-visual works
Sound recordings
Broadcasts

8. “NOT” COPYRIGHTABLE
1.
Titles, names, short phrases, and slogans
2.
Familiar symbols or designs
3.
Variations of typography, coloring or lettering
4.
Lists of ingredients or contents
5.
Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices
6.
Common information such as calendars, measurement charts, TV
guides, telephone directories
7.
Government or legal documents

9. COPYRIGHT INFRINGEMENT
is when a copyrighted work is
reproduced, distributed, performed,
publicly displayed, or made into a
derivative
work
without
the
permission of the copyright owner.

10. Plagiarism
The practice of taking someone else's
work or ideas and passing them off as
one's own.

11. Tourism slogan “Pilipinas Kay
Ganda” drew criticism a week after
its launch in 2010 after its logo had a
striking
similarity
to
Poland’s
“Polska,” from the font and the colors
to the use of a tree. An application
where
users
can
make
a
personalized name logo with the
tagline “Kay Ganda” then made the
rounds on social media sites as
Filipinos made fun of the alleged
plagiarism
committed
by
the
advertising agency tapped by DOT.

12. The “Pilipinas Kay Ganda” campaign
was
scrapped and eventually
replaced by the “It’s more fun in the
Philippines” slogan, which became
an Internet hit.

13. Just after its launch, the Department of Tourism’s (DOT)
“It’s more fun in the Philippines” slogan was criticized
for allegedly being a copycat of a 1951 Swiss tourism
slogan that read “It’s more fun in Switzerland.”

14. The plagiarism issue eventually died down, especially
after Swiss ambassador expressed his support for the
“It’s more fun in the Philippines” campaign.

15. Piracy
The unauthorized use or reproduction
copyrighted material: software piracy.
of

16. GENERAL RULE:
If you didn’t create it or you don’t
own the copyright, you must get
permission to use it.
Except…

17. FAIR USE
It is a doctrine that permits limited
use of copyrighted material
without acquiring permission from
the rights holders.

18. WHO CAN CLAIM FAIR USE?
• Critics is a professional who communicates their opinions and
assessments of various forms of creative work.
• Commentators e.g PUNDIT is someone who offers to mass media
his or her opinion or commentary on a particular subject area (political
analysis, the social sciences or sport).
• News Reporters e.g. JOURNALISTS collects, writes, and
distributes news and other information.
• Researchers is somebody who performs research independently as a
principal investigator, the search for knowledge or in any systematic
investigation to establish facts.
• Teachers and Students

19. FAIR USE 4 FACTORS:
 Purpose and Character of Work
Fair Use : Non-commercial & Non-profit Educational Purposes
Needs Permission : Commercial & Entertainment
 Nature of Work
Fair Use : Factual (based on public documents, & on true events)
Need Permission : Creative (photographs, paintings & musical works)
 Degree and Portion Used to Length of Work
Fair Use : Small Portion
Needs Permission : Entire Work copied
 Exposure
Fair Use : Single Use & Small Audience
Needs Permission : Multiple Use & Large Public Audience

20. REMEMBER!
“If you’re not making any money off it, it is FAIR USE”

21. WHY IS COPYRIGHT IMPORTANT?
Copyright is important because it gives
creators control over their creative works.
This means they can decide who uses
their work, how it can be used and if they
will charge a fee to other people who want
to use it. This gives creators the ability to
earn a living from their works.

22. END OF COPYRIGHT LAW