An IP checklist for Graphic Designers

Last week I taught a seminar to a group of young graphic designers. There are 2 important questions relating to Intellectual Property that the designer should consider:

1. How do I protect my work?

2. How do I protect myself from infringing on the work of others?

The following is a checklist that will help you with these two issues.

1. Use brainstorming techniques to create a range of possible concept options. Don't just run with the first design you create. The more brainstorming you do, the lesser the chance of you having inadvertently copied someone else's work.

2. When researching for inspiration, you can look at other design concepts, but ensure that you do not imitate other designs. Avoid parodies and referencing well known designs, large companies have large pockets and legal teams to match. A classic example is  North Face v. South Butt, see a Fox news report on this case below:

3. If you are working on branding or a logo for a client, check with the client to find out whether the business name is registered or whether the business was incorporated. If not, advise the client that they should register the name or incorporate as soon as possible. This provides additional protection for the logo that you will create using that name. For more information on registration in Barbados,  visit the Corporate Affairs and Intellectual Property Office.

4. Ensure that you use royalty-free stock images. If you are using photos taken by someone else, they must have given you their permission or a license to do so. If your clients provide you with the images they want to use, check to ensure that they have written permission to use the photos.

5. Were you given another designer's work to complete? Contact the designer and ensure that the ownership of the work was transferred to the customer. They can sue both you and the client if this work is being used without a transfer of ownership.

6. Be clear on ownership. When a client pays you to create a logo, they purchase that design from you and are free to use it. The designs that they reject remain yours. If you are an employee of a design firm, your designs are owned by your employer.  

1. Do a search at the Corporate Affairs and Intellectual Property Office (CAIPO) when you have a draft of the logo you intend to pitch to the client. Are there any trademarks registered that are similar? If so, you may have to consider revising your design.

2. Does your customer intend to export product, do business online, or work outside of Barbados? Do a reverse image search with TinEye.com and Google Image Search to see whether there are other goods and services with a similar logo in the market.

3. Are you taking photographs and using them in your design? Models should sign releases giving permission for their image to be used in your artwork. Photos of other artwork should be avoided unless you obtained permission or a license from the artist.

1. Recommend that your customer register a logo as a trademark with CAIPO. It is recommended that they hire an Attorney-at-Law to assist them with the registration process. If the symbol is not registered, you can use "TM" in a circle. You can change "TM" to "R" after the symbol is registered.  See below:

2. If you are adding the work to a portfolio, ensure that the client has agreed in writing before you show this work to the public.

3. When pitching ideas, use a confidentiality agreement that clearly indicates that the ideas are confidential and that you remain the owner until the customer has hired you for the job and a contract for service is in place. Sometimes this may not be possible, try at least to have the customer confirm in writing that the ideas are owned by you, are confidential, and should not be shared with other designers. You can also place a notice in your presentation to the client.

4. For work that you own, use a copyright notice. A letter "c" in a circle, your name and the date the work was completed will notify potential users that the work is yours.

Hope this helps!

Jewelle Maynard is an Attorney-at-Law at JM Legal, providing legal and corporate services for the creative and entertainment industries in Barbados. Questions? Email her at jm@jmlegal.info.