Design copyright

In a world where visual images play an increasingly important role, design copyright takes on a special significance. Designers put their talent, time and effort into creating original and unique works, whether it is a company logo, website layout, product appearance or interior design. And, of course, every designer wants to be sure that their creative achievements are protected from illegal copying and use.

Unfortunately, the problem of copyright infringement in the field of design is very acute today. Unscrupulous competitors often try to save time and money by simply copying other people’s ideas and solutions. This not only harms the authors of the original design, but also negatively affects the development of the entire industry.

Therefore, in this article we will examine in detail what is design copyright, which design objects fall under the protection, what rights designers have and how to effectively protect them. The information will be useful for both experienced designers and beginners who are just starting their way in this interesting and creative profession. By the way, I recommend you to read the article “Types of copyrighted works“.

So, if you want to know how to protect your design works from illegal copying – this article is for you!

Section 1: What does design copyright cover?

Before we turn to the practical aspects of copyrightprotection , it is important to understand exactly what design objects fall under this protection. After all, design is a very broad concept, covering various areas and spheres of activity. What exactly does the law protect?

In this section we will look at different types of design – from graphic and web design to industrial design and interior design. We will find out which elements of these areas of creativity can be subject to copyright and, accordingly, to legal protection. This will help us to better understand the boundaries of the application of copyright law in the context of design activities.

Subsection 1.1: Graphic Design

Let’s start with graphic design, because it is one of the most common areas of design. What does this concept include and what elements of it fall under the protection of copyright?

Graphic design is the creation of visual communication using graphic elements. The objects of graphic design, which are protected by copyright, include:

• Logos: unique graphic symbols used to identify companies, brands, goods or services.
• Corporate identity: a unified visual system that includes a logo, corporate colours, fonts, graphic elements and other components that form a recognisable image of a company or brand.
• Illustrations: original drawings created by an illustrator by hand or with the help of graphic editors.
• Posters and posters: graphic works used to advertise products, services, events, etc.
• Packaging and labelling: original design of product packaging and labels.
• Fonts: in some cases, original fonts designed by the designer may also be copyrighted.
• Infographics: the visualisation of data and information using graphic elements.

Examples of graphic designworks can be seen everywhere: from a logo on your T-shirt to an advertising poster on the street. And all of these works, as long as they are the result of creative labour and have signs of originality, fall under copyright protection.

So, if you create logos, develop corporate identity or draw illustrations, remember that your works are subject to copyright. And you have every reason to protect them from illegal copying and use.

Unit 1.2: Web Design

In the digital age, web design has become an integral part of our lives. Websites, online shops, mobile applications – all this is the sphere of activity of web designers. But does copyright cover the results of their work? Absolutely, yes!

What exactly in web design can be protected by copyright?

• Overall site layout: The unique arrangement of elements on a page, the structure and navigation of the site.
• Graphic elements: Original buttons, icons, banners, background images and other graphic details created by the designer.
• User Interface (UI): The appearance and functionality of the interface that the user interacts with.
• Fonts: As with graphic design, the use of original fonts in web design can also be protected.
• Animation: Original animation effects created by the designer.
• Colour scheme: A unique combination of colours used in the website design.

It is worth noting that it is the visual solution that is protected by copyright, not the functionality of the site. That is, the software code on which the site is written is not an object of web design and is protected separately as a computer programme.

However, it is not that simple. In order for web design elements to be protected, they must be the result of creative labour and have signs of originality. For example, a standard menu arrangement at the top of a page is unlikely to be considered copyrightable. But a unique button design created from scratch may well be protected.

So, when creating designs for websites or mobile apps, remember that your creative work is protected by law. And you have the right to protect your designs from copying and illegal use.

Subsection 1.3: Industrial Design

Let’s move on to industrial design. What is it and how does it relate to copyright? Industrial design is the development of the appearance and functional features of industrial products, from household appliances and furniture to cars and aeroplanes.

Industrial design copyright protects the appearance of the product, its aesthetic features, not its technical characteristics. That is, it protects the shape, configuration, finish, colour of the product, not its functionality or principle of operation.

What can be an object of industrial design?

• Household appliances: refrigerators, washing machines, microwave ovens, coffee makers, etc.
• Electronics: phones, laptops, tablets, TVs and the like.
• Furniture: tables, chairs, cupboards, sofas, etc.
• Lighting: chandeliers, sconces, floor lamps, etc.
• Vehicles: cars, motorbikes, bicycles, etc.
• Utensils: cups, plates, cutlery, etc.
• Tools: screwdrivers, hammers, saws, etc.
• Toys: dolls, constructors, board games and the like.

Examples of industrial design objects are all around us. Every everyday object that we use every day is the result of the work of an industrial designer. And if the appearance of the product is original and the result of creative labour, it falls under copyright protection.

It is important to note that industrial design can be protected not only by copyright but also by a design patent. Patenting provides stronger protection, but at the same time it is a more complex and expensive procedure.

So, when designing for industrial products, remember that your creativity has value and is subject to legal protection. And you have every reason to protect your designs from illegal copying.

Subsection 1.4: Interior design and architectural solutions

To conclude the first section, let’s look at interior design and architectural solutions. Is it possible to protect copyright the interior design of a room or the exterior of a building? Yes, you can, but there are nuances.

Interior design is the planning and organisation of the interior space of a room, including decoration, furniture arrangement, lighting, décor and the like. Copyright covers original design solutions embodied in the interior. It can be:

• General planning solution: unique arrangement of rooms, partitions, functional zones.
• Style solution: the use of a particular style in interior design (e.g. minimalism, loft, classicism).
• Colour scheme: original combination of colours in the decoration of the room.
• Decorative elements: author’s paintings, mouldings, stained glass, etc.
• Author’s furniture and interior items: if the designer did not just pick up the furniture, but designed it himself.

As for architectural solutions, the copyright protects original designs of buildings and structures, including their external appearance and internal layout. These can be:

• Building facades: the unique architectural design of the exterior walls of a building.
• Building layout: arrangement of rooms, floors, functional zones.
• Structural solutions: original architectural forms, such as unusual roofs, windows, balconies.

It is important to realise that it is the creative solution, not the technical documentation, that is protected bycopyright. That is, the drawings themselves are not an object of design, but the original appearance of the building depicted on these drawings can be protected.

It is also worth noting that not every design or architectural solution can be an object of copyright. For example, a standard flat layout or a typical house design is unlikely to be recognised as original. Protection is granted only to those solutions that are the result of creative labour and have an individual character.

Therefore, if you create original interior designs or develop unique architectural solutions, your work may be protected by copyright.

Section 2: Designers’ rights

So, we have found out which design objects fall under copyrightprotection . Now it’s time to talk about what rights the creators of these objects, i.e. designers, have. Understanding their rights is the first step to protecting them effectively.

In this section we will look in detail at what rights designers have in relation to their creative work. We will learn about the right to recognise authorship, the right to inviolability of a work, and the right to reproduce, distribute and publicly display a design. Armed with this knowledge, you will be able to confidently assert your interests and protect your designs from misuse.

Subsection 2.1: The right to recognition of authorship

Let’s start with a fundamental right of any creator – the right to recognition of authorship. This means that it is you, as a designer, who has the right to demand that you be recognised as the author of a design you have created. This right is inalienable, meaning that it cannot be transferred or waived.

What gives you the right to recognition of authorship?

• The ability to put your name on all copies of your work: You have the right to demand that your name (or pseudonym) appear on all materials where your design is used, whether it is a logo on a website, an illustration in a book, or a product featuring your industrial design.
• Protection against anonymous use: No-one is allowed to use your design without your name unless you yourself have opted out.
• Protection against plagiarism: If someone misappropriates your design, you have the right to demand acknowledgement of your authorship and to stop the infringement.
• Increased visibility and credibility: Identifying your name as the author of a design increases your visibility in a professional environment and strengthens your credibility.

The right to acknowledge authorship is not just a formality, but an important tool to protect your reputation and professional image. You have put your talent and effort into your design and you have every right to have your authorship recognised and recorded.

Subsection 2.2: Right to inviolability of the work

The next important right a designer has is the right to inviolability of the work. What does this mean? This right ensures that your design is protected from any alteration, distortion or misrepresentation that could damage your honour and reputation as an author.

In other words, no one has the right to make changes to your design without your consent. This applies to minor adjustments as well as major revisions to your work. For example, you cannot change the colour scheme of a logo, add or remove elements from an illustration, distort the shape of a product in an industrial design or make changes to an interior design project without the designer’s permission.

The right to privacy also means that your design cannot be used in a way that defames your honour and dignity or harms your professional reputation. For example, you cannot use your design in a context that is offensive, discriminatory or contrary to your beliefs.

This right is particularly important for designers, as their work is often a reflection of their individual style and vision. Any interference with a design can not only damage the aesthetic value of the work, but also distort the author’s intent.

Therefore, the right to inviolability of the work is a guarantee that your design will be preserved as you created it and that it will not be used in a way that is contrary to your interests.

Subsection 2.3: Right of reproduction and distribution

In addition to the personal non-property rights we discussed above, designers also have property rights over their works. One of the key property rights is the right to reproduce and distribute the design.

The right to reproduce means that the designer has the exclusive right to make copies of their design in any form or medium. This could be printing a logo on business cards, putting an illustration on clothing, replicating posters, making products using industrial design, etc.

The right of distribution, in turn, gives the designer the ability to control the distribution of copies of his or her design. This means that the designer can authorise or prohibit the sale, rental, hire, rental, public display or any other distribution of his or her work.

These rights enable the designer to benefit materially from his or her creative work. For example, a designer can:

• Sell his design directly to customers.
• Sell licences to use your design, receiving royalties (periodic payments).
• Independently manufacture and sell products using your design.

It is important to realise that the right to reproduce and distribute is the exclusive right of the designer. This means that no one else can perform these actions without the author’s permission. Any unauthorised copying or distribution of the design is an infringement of copyright and may have legal consequences.

That is why it is important to clearly stipulate the issues of design reproduction and distribution in contracts with customers. This will help avoid misunderstandings and protect your property rights.

Subsection 2.4: Right of public display

Another important property right that a designer has is the right to publicly display his or her work. What is meant by public display?

A public display is a demonstration of an original or a copy of a design, either directly or by technical means, in a place that is open to the public or in a place where a significant number of people outside the normal family circle are present.

In other words, if your design is displayed in a gallery, shown at an exhibition, broadcast on a screen in a public place, or published on the Internet (which in today’s world is also considered public display), it is all public display.

So what options does the right of public displaygive to a designer?

• Permission or prohibition: The designer can authorise or prohibit the public display of his or her design at his or her discretion.
• Charging a fee: The designer may charge a fee for the public display of their design, such as admission to an exhibition where their work is displayed.
• Controlling the context: The designer can control the context in which their design is shown to avoid uses that could damage their reputation.
• Promotion of creativity: Public display is an excellent way to promote a designer’s work and attract new customers.

It is worth noting that the right of public display is closely related to the right of distribution. But there is a difference: distribution provides for the transfer of copies of the work into the ownership or use of other persons, while public display is just a demonstration of the work without transferring rights to it.

So, the right of public display is an effective tool that allows a designer to control access to his work, to earn income from it and to popularise his work.

Section 3: How do I protect design copyright?

We have learnt what design copyrightcovers , and what rights designers have. Now it’s time to move on to the more practical part – how do you protect these rights in real life? What steps do you need to take to protect your creative designs from illegal copying and use?

In this section, we’ll look at specific steps to help you protect your designs. We’ll talk about registering copyright, using the © mark, depositing works, and the importance of proper contractual relationships with clients. Armed with this knowledge, you will be able to effectively protect your design work and feel more confident in your professional life.

Unit 3.1: Copyright Registration

Although copyright on a design arises automatically from the moment the work is created, registering it is an important step to enhance protection. So what does registration provide and why is it recommended?

Benefits of copyrightregistration :

• Official recognition: Registration is an official recognition of your rights as the author or copyright holder of a design.
• Evidentiary basis: The registration certificate serves as a strong evidence in case of disputes regarding the authorship or illegal use of your design.
• Simplified defence: A certificate makes it much easier for you to defend your rights in court or in pre-trial settlements.
• Possibility to receive compensation: Copyright registration gives you the right to demand from the infringer not only to stop illegal use of the design, but also to pay monetary compensation.
• Valid in other countries: Registration in Ukraine is recognised in the member countries of the Berne Convention for the Protection of Literary and Artistic Works, which simplifies the protection of your rights abroad.

Registration procedure:

In Ukraine, copyrightregistration is carried out by UKRNOIVI (Ukrainian National Office of Intellectual Property and Innovation). For registration it is necessary to:

1. Prepare an application: The application of the established sample contains information about the author, the work and the type of work.
2. Pay the state fee: The amount of the fee depends on the status of the applicant (natural or legal person).
3. Submit an application and a copy of the work: The application and a copy of the work (in the form of design images on paper or electronic media) should be submitted to UKRNOIVI.

After reviewing the application and verifying the documents, UKRNOIVI decides on copyrightregistration and issues the relevant certificate.

Although registration is not mandatory, it is an important tool for protecting your rights as a designer. Registration provides a solid foundation to protect your interests in the event of disputes or infringements.

Subsection 3.2: Use of the © mark

Another simple but effective way to copyright your design is to use a copyright mark, better known as the © (copyright) mark. This mark serves as a warning that your design is protected by copyright, and any unauthorised use is prohibited.

What is the correct way to use the © mark on designs?

The © symbol consists of three elements:

1. The letter “c” in a circle (©) or symbol (c).
2. The name of the author or the name of the copyright holder of the design.
3. Year of the first publication of the design.

Example: © Ivanenko Petr, 2023 or © Super Design Studio, 2023

Where to place the © sign?

• On websites: the © symbol is usually placed at the bottom of the page (“footer”).
• On printed materials: on the back of the title page, on the cover, in the imprint.
• On products: on the label, packaging or directly on the product.
• In digital images: the © mark can be added directly to the image, e.g. in the corner or as a watermark.

Important to remember:

• Use of the © mark is not a prerequisite for copyright.
• The © symbol is for information purposes, and warns you that your design is protected by copyright.
• Even without the © mark, your design is still protected by copyright.

Benefits of using the © symbol:

• Prevention of infringement: The presence of the © symbol can deter potential infringers.
• Awareness: Using the © symbol demonstrates that you know your rights and are prepared to defend them.
• Increased credibility: For customers, the © mark can provide additional proof of your professionalism.

Therefore, using the © mark is a simple, affordable and effective way to claim your design rights and prevent illegal use.

Subsection 3.3: Deposit of works of design

What is escrow and how can it help you protect your design copyright? Depositing is the procedure of storing a copy of your work in a special organisation (depository) to record the date of its creation and authorship.

How does it work?

1. You choose an organisation that provides depositing services. In Ukraine, for example, there are public organisations that deal with the deposit of copyright objects.
2. You provide the depositary with a copy of your design (in the form of printed images, digital file, etc.) together with an application.
3. The depositary accepts your work for deposit and issues you a document confirming the fact of deposit, the date and time the work was accepted for deposit.

Benefits of depositing:

• Fixing the date of creation: An escrow allows you to fix the date you submitted the work for deposit, which can be useful in case of priority disputes.
• Additional proof of authorship: The deposit document can provide additional proof of your authorship of the design.
• Storage of copy: Your work will be stored securely in a depository, which can be useful if you lose the original.
• Ease of procedure: Depositing is usually a simpler and cheaper procedure than copyright registration.

Disadvantages of depositing:

• Not an official registration: Deposit is not a substitute for copyright registration with UKRNOIVI.
• Limited duration: Some depositories hold works for a limited period of time.

Deposit or registration?

Deposit can be seen as an alternative or complementary measure to copyright registration. Registration offers stronger protection, but escrow can be useful as a quick and easy way to fix your rights at the outset.

So, escrow is an affordable way to protect your design, which can help fix the date of creation of the work and provide additional proof of your authorship.

Subsection 3.4: Contracting with customers

An important aspect of copyright protection for a design is to properly formalise the relationship with customers. Namely, the conclusion of contracts that clearly define the rights and obligations of the parties in relation to the created design.

Why do you need a contract?

A contract allows you to:

• Clearly define the scope of rights transferred to the customer: You can transfer to the customer exclusive rights to the design (i.e. the customer becomes the sole right holder) or non-exclusive rights (i.e. you retain the right to use the design yourself and grant rights to use it to others).
• Establish the territory and term of validity of the rights: You can limit the use of the design to a certain territory (for example, only in Ukraine) and establish the period during which the customer has the right to use the design.
• Determine the amount and procedure for payment of remuneration: The contract fixes the amount of remuneration for the creation of the design and the procedure for its payment.
• Settle the issue of making changes to the design: You can stipulate in the contract whether the customer has the right to make changes to the design himself or it is possible only with your consent.
• Establish the liability of the parties for breach of contract: The contract may stipulate penalties for non-fulfilment of obligations by the parties.

What must be specified in the contract?

• Subject of the contract: clearly describe what kind of design is created under the contract (e.g. logo design, website design, packaging design, etc.).
• Design rights: define what rights are transferred to the customer (exclusive or non-exclusive), on what territory and for how long.
• Amount and procedure for payment of remuneration: specify the amount of remuneration for the design and the procedure for its payment (e.g. prepayment, payment after completion of the work, royalty).
• Procedure for making changes to the design: stipulate whether the customer has the right to make changes to the design and how this should take place.
• Liability of the parties: stipulate the liability of the parties for breach of contract.

Recommendations:

• Consult a lawyer: Drafting a contract is a complex process that requires legal knowledge. It is recommended that you contact a lawyer who specialises in copyright law to help you draft a contract that will best protect your interests.
• Don’t Use Template Contracts: Every case is unique, so don’t use template contracts from the Internet. It is better to draw up a personalised contract that will take into account all the peculiarities of your situation.
• Read the contract carefully before signing: Do not sign the contract without reading it carefully and making sure that all the terms are clear and acceptable to you.

Contracting with customers is an important element of protecting your design copyright. Don’t neglect this tool and you can avoid many problems in the future.

Section 4: What to do in case of copyright infringement?

Even if you have taken all the precautions we discussed in the previous section, unfortunately no one is immune to copyright infringement. So what should you do if you discover that your design has been illegally copied or used without your permission? How to act in such a situation?

In this section we will consider a step-by-step algorithm of actions in case of infringement of your copyright for design. We will talk about how to properly record the fact of infringement, what options exist for resolving the dispute – from pre-trial settlement to going to court.

You should not give up if you are faced with a violation of your rights. Remember that the law is on your side and you have all the tools you need to protect your creativity.

Subsection 4.1: Detection of copying

Before you can fight an infringement, you need to identify and record the infringement. So how do you realise that your design has been illegally copied or used? Here are some tips to help you do just that:

1. Regular monitoring:

• Search engines: Periodically check to see if copies of your design appear online. Use search engines to do this by typing in the title of your design, its key elements, or your name as the author.
• Reverse image search: Services such as Google Images, TinEye and others allow you to search for images by image. Upload an image of your design and see if it’s being used somewhere without your permission.
• Social media: Browse popular social media sites, looking for groups and communities where designs similar to yours may be used.
• Industry resources: Keep an eye on industry-specific websites, forums and blogs that may have information about new design work.

2. 2. Signals from colleagues and clients:
      • Your colleagues or customers may signal you if they see a similar design to yours somewhere. Don’t ignore such signals and be sure to verify the information.
      3. Specialised services:
   3. • There are paid services that offer online copyright infringement monitoring services. They automatically monitor the appearance of copies of your design and notify you.

What should you do if you discover copying?

2. 2. • Document the violation: Take screenshots of the pages where the copied design is located. Save links to these pages. Record the date and time the violation was discovered. If possible, upload a copy of an image of the design.
      • Gather evidence: Prepare evidence that you are the author of the original design (e.g. source files, copyright deposit or registration documents, customer contracts).
      • Assess similarity: Carefully compare your design with the copy you found. Determine which elements have been copied. Is the similarity so significant as to constitute copyright infringement?

Detecting copying is only the first step. But how carefully and thoroughly you conduct this step will determine the success of further actions to protect your rights.

Section 4.2: Pre-trial dispute resolution

If you discover that your design is being used illegally, don’t rush straight to court. First try to resolve the dispute amicably, i.e. resort to pre-trial settlement.

What does a pre-trial settlement involve?

2. 2. 1. Identifying the infringer: You need to find out who exactly is illegally using your design. This can be either an individual or a legal entity. If the design is used on a website, try to find the contact information of the website owner in the “Contacts” section or through whois services.
      2. Prepare and send a complaint:Write a written complaint to the infringer. In the complaint you should:
         • Clearly state the nature of the infringement (which design

         is being

         • used illegally and in what way).
         • State that you are the copyright holder of this design and provide evidence (e.g. a link to your website where this design was first published, a copy of the copyright registration certificate, etc.
         • )

         .etc.).

         • Formulate your demands to the infringer (e.g. stop using the design, remove it from the site, pay compensation)
         • . Set a deadline for fulfilling your demands.
         • Warn about the consequences of failure to
         • fulfil
         • the claim, in particular, about going to court.
      3. Negotiating: After receiving the claim, the infringer may contact you to discuss the situation. Be prepared to negotiate and try to find a compromise solution that satisfies both parties.

Advantages of pre-trial settlement:

• • Saving time and money: Pre-trial settlements usually take less time than court proceedings and do not require significant financial outlays.
  • Reputation preservation: Settling a dispute amicably avoids public conflict and preserves the reputation of both you and the infringer.
  • Possibility to reach a mutually beneficial agreement: During negotiations, you can agree with the infringer on the terms of using your design for a fee.

Disadvantages:

• • • Not always effective: Unfortunately, not all offenders are willing to make contact and admit their guilt.
    • Risk of time dragging: Negotiations may take longer, which may be disadvantageous for you.

Despite possible disadvantages, pre-trial settlement is an effective tool for resolving disputes related to copyright infringement. In many cases, it is the way to quickly and cost-effectively restore justice and protect one’s rights.

Section 4.3: Going to Court

If pre-trial settlement did not bring results or the infringer ignores your demands, the only way to protect your copyright on the design is to appeal to the court.

What do I need to go to court?

• 1. Gather evidence:You will need solid evidence of your authorship and infringement. These include:
     • Documents confirming your authorship: copyright registration certificate (if available), design source files with metadata, contract with the customer for the creation of the design, documents on depositing the work, etc.etc.
     • Evidence of infringement: screenshots of web pages with illegally used designs, photos of products with your design, links to relevant resources, recorded dates and times when the infringement was discovered. If possible, make a notarised inspection report of the infringing web page.
     • Correspondence with the infringer: save all correspondence you have had with the infringer as part of the pre-trial settlement

     .

  2. Draw up a statement of claim: Astatement of claim is an official document in which you state the essence of your claims against the infringer. In the statement of claim you should specify:
     • Name of the court to which you are applying.
     • Your data as a plaintiff (full name, address, contact information).
     • Data of the defendant (full name or name of the organisation, address, contact

     information

     • ).
     • Description of the circumstances of the case, including information about when and how the design was created, what your rights to it are, when and how you discovered the fact of infringement.
     • Your demands to the defendant (for example, to stop the illegal use of the design, remove it from the site, pay compensation for damages, reimburse legal costs).
     • Justification of your claims with reference to the rules of law.
     • List of documents attached to the statement of claim.
  3. Pay the court fee: For filing a lawsuit it is necessary to pay the court fee, the amount of which depends on the price of the claim (the value of your claims).
  4. File a statement of claim with the court: The claim is filed with the local court at the place of registration of the defendant or at your place of registration (if you are an individual).

Important! Litigation is a complex process that requires specialised knowledge and experience. We strongly recommend that you contact a qualified lawyer who specialises in copyright law. The lawyer will help you to correctly draw up a statement of claim, collect the necessary evidence and represent your interests in court.

Remember: going to court is a last resort, which should be resorted to only when all other ways of resolving the dispute have been exhausted. But if you are sure of your rightness and are ready to assert your rights, the court can be an effective tool to protect your design and restore justice.

Conclusion

To summarise, I would like to reiterate the importance of design copyright and its protection. Designers invest their time, effort and talent in creating original works, and it is only right that their work should be adequately protected from unlawful copying and use.

We’ve looked at the key aspects of design copyright: from what exactly is protected to the specific steps you need to take to protect your rights. Remember that protection starts with you: register your rights, use the © mark, enter into contracts with customers and don’t be afraid to stand up for your interests in case of infringement.

Knowing your rights and understanding the mechanisms of their protection is the key to your peace of mind and confidence in the future. You will be able to create with peace of mind knowing that your work is protected and your intellectual achievements will not be misappropriated by others. To learn more, we recommend reading the article “Types of Copyrighted Works”.

Don’t let your copyright be infringed ! Protect your design, be vigilant and don’t be afraid to stand up for your interests. After all, your creativity is your value and it deserves to be protected!