Intellectual Property

1. What is intellectual property and is it the same as copyright?

Intellectual property is basically the knowledge of a person and the application of a good idea, invention, trade mark or original idea. Intellectual property protects all of these things before they have been offically protected by copyright, this is where intellectual property and copyright differ. Copyright protects the idea that has been created.

2. How would you register your design for copyright and how much would it cost?

In Australia it is free to register your design as it is covered by the copyright law and applied as soon as it has been created by it’s original creator.

3. I have an idea about a logo design, is it covered by copyright?

An idea is not covered by copyright in itself, the idea needs to be created and applied somewhere before it is covered by copyright. That is where intellectual property comes into play as it covers the owner of that idea as it is their knowledge.

4. What is the name of the federal legislation covering copyright law in Australia?

Copywrite Act 1968 (Cth)

5. What does Copyright protect?

- textual matter; journal articles, novels, screenplays, poems, song lyrics and reports.

- Computer programs

- Compilations; anthologies, directories and databases

- artistic works; paintings, drawings, cartoons, sculpture, caft work, architectural plans, buildings, photographs, maps and plans

- dramatic works; choreography, screenplays, plays an mime pieces

- musical works

- cinematograph films

- sound recordings

- broadcasts

- published editions

6. What is the Copyright notice and its purpose?

Because there is no formal copywrite procedure the copywrite notice is there to inform people that the particular document is protected by copywrite and who it belongs to.

7. What evidence could you provide to a court to prove you’re the copyright owner of a logo you’ve designed?

If there was no copywrite notice on the logo you have designed it is important to give the court relevant evidence. An example would be to give oral evdience from the creator and people who have witness the design being created, also drafts of the work is important because there may be a date or marking on there that gives evidence of a certain time.

8. If an artwork appears in an Art Gallery, does the Gallery own copyright for that item?

No the gallery does not own the copywrite for that item because it is still owned by the creator because they were the ones who created it.

9. If I’m employed by a company as their in-house graphic designer, who would generally own the copyright?

The company would own all copywrite to any design that, that designer has created unless in another circumtance there has been a written agreement that the designer claims all copywrite.

10. If I’m working as a freelance Graphic Designer and create a logo for a company, who would generally own the copyright for the logo?

Generally all copywrite should go to the freelance designer as they were the original creator, not the owner of the company.

11. How much of an artistic work can I safely use without infringing on copyright?

You can use a “resonable portion” of the artwork as long as you havent used an important, essential or distinctive part of the original art work.

12. If you’ve done everything in your power to identify the copyright owner but they won’t contact you back, is it ok to use the work without permission as long as you use a ‘good faith notice’ stating you were unable to contact them?

No it is not ok to go ahead and use the work without the copywrite owners permission even if they havent gotten back to you for permission. It is still a breach of the copywrite law.

13. Who is VISCOPY and what might they come in handy for?

VISCOPY is a rights management organisation for the visual arts and would come in handy for providing copyright licensing services on behalf of our members to a wide and varied customer base.

14. What are moral rights?

As a designer you are entitled to moral rights under the copywrite law, it means that you are still attributed as the creator of your original idea and work, can take action if your work is fasely attributed by someone claiming your work as their own when it hasn’t been altered, if your work is distorted by someone else or treated in a way that can ruin a reputation or honour.

15. How would you go about obtaining copyright clearance for an artwork you want to use that you’ve found on the internet?

For some they give licensing rights out when they post their work on the internet. Depending on the era of work the artist may need to be contacted for licensing rights as well so you know what you can do with that artwork within the rights and licensing laws.

16. What is a Trademark and how do you register one?

Trademark is when the artist claims that idea or logo as their own by placing a TM on their product. You can register your idea under the trademark laws by filling out a form and sending it away to ATMOSS and finally by going online to pay a fee.

17. What does a Patent protect?

Patent protects inventions including processes, methods and techniques. It will only be granted though for a device, substance or method is it is an original idea.

18. Define Defamation.

Defamtion protects people’s reputation and their concerns about what people say about them. If in any way a designers work breaches this in their work they can be taken to court for defaming their person or name in a derogitory way.