Copyright is one of the most misunderstood areas of intellectual property (IP). For designers, separating fact from fiction is critical to protecting your creative work and avoiding legal pitfalls. In this blog, we debunk ten common myths about copyright and provide actionable tips to ensure your creations are safeguarded.
False: In the UK, copyright protection arises automatically as soon as your work is recorded in a tangible form (e.g., a sketch, digital design, written text, sculpture). While registration isn’t required, having dated evidence to prove ownership and creation is essential if disputes arise.
Tip: Store your designs in a secure place, like the ACID IP Databank, to time-stamp your work and strengthen your evidence in case of infringement.
Fact: Copyright protects both published and unpublished works. As long as the work is original and fixed in a tangible form, it’s protected by copyright.
Example: A designer’s unpublished collection of textile patterns is still protected from unauthorised copying.
Fact: Images, graphics and content found online might well be protected by copyright. Publishing works online does not amount to permission to use them without a licence, unless explicitly marked as free to use (e.g., under a Creative Commons licence). Using them without permission could lead to legal trouble.
Tip: Always check licensing terms or create your own visuals to avoid copyright infringement.
Fact: Modifying or altering copyright material doesn’t necessarily make it your own. By copying a substantial part of the original work you could face legal consequences.
Example: Colouring or cropping a photograph doesn’t create a new work or prevent you from infringing copyright.
Fact: Copyright duration varies depending on the type of work and jurisdiction. In the UK, copyright protection for most types of copyright work typically lasts for the creator’s lifetime plus 70 years after their death.
Tip: Keep track of expiration dates to know when works enter the public domain and become free to use.
Fact: Copyright doesn’t protect ideas, concepts, or methods – it only protects the tangible expression of those ideas.
Example: While you can’t copyright the concept of a floral wallpaper, your specific design of a floral pattern can be protected by copyright.
Fact: In the UK, a work doesn’t need a copyright notice to be protected. Lack of a notice doesn’t grant permission to copy or use it.
Tip: Always assume a work is protected unless you have explicit permission or can confirm it’s in the public domain and free to use.
Fact: Unless specified in a contract, the creator of a commissioned work retains copyright, not the person who paid for it.
Example: If you hire a freelance illustrator to create a logo, they own the copyright unless they assign it to you in writing.
Fact: Copyright infringement can lead to legal disputes, lost revenue and damage to your reputation. Infringement cases can also result in costly court proceedings.
Tip: Protect your work by using copyright notices and watermarking digital designs when sharing online. Also keep records of the creation of your works so you can prove your rights if you need to.
Fact: Copyright is vital for everyone, from individual designers to large corporations. Your creative work is an asset and protecting it ensures your efforts are recognised and rewarded by being able to protect it against unauthorised copying or generate revenue by licensing its use.
How ACID helps: Membership with Anti Copying in Design (ACID) provides resources, guidance, and tools to help designers protect their copyright and take action against infringement.
Want to learn more about protecting your designs? Join ACID today and gain access to expert IP support, the ACID IP Databank, and a community dedicated to safeguarding creativity.
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