Copyright for graphic designers and illustrators
Well, here we are again. I have to start this post saying researching and writing about copyright takes me right back to my lecturing days at Design College of Australia. I recently re-educated myself on this topic, initially out of interest, but specifically because of an illustration project I was in the process of finalising.
To set the scene, part of my illustrative process is collecting various reference images I might use to form parts within a composition and when a couple of friends from outside of my industry asked me about this process and posed the question surrounding copyright and the use of reference material. You know those moments? I paused... cogs turning… ‘I’m pretty sure…’ a little while later and a quick bit of research solidified what I already know. You would think I’d be a bit more sure of what the law requires considering I taught the topic to design students time and time again. Upon reflection, it’s been refreshing to revisit the topic.
The juice
The Australian Copyright Council has a fact sheet giving a primo definition of what copyright is. You can download the fact sheet here. In the meantime, here are several key points:
‘Copyright protects a range of materials, including artistic works, literary works, musical works, dramatic works, broadcasts, sound recordings, films and published editions.‘
‘Copyright does not protect ideas, styles or techniques.’
‘Copyright protection is free and automatic, and there is no system of registration for copyright protection in Australia.’
‘The owner of copyright has certain exclusive rights to control the manner in which others may use their material. For artistic works, this includes the right to:
reproduce the work, for example by photocopying, scanning and digitising; publish the work; and
communicate the work to the public, for example by emailing it or uploading it to a website.’
‘The general rule is that copyright lasts for the life of the author plus 70 years.’
‘If someone wants to use a substantial part of copyright material that you own in any of the ways reserved for the copyright owner, they will generally require your permission. In addition to copyright, someone using your material will need to respect your moral rights in the material. For example, they will need to provide a clear and reasonably prominent attribution, identifying you as the author of the work. They will also need to obtain your consent if they wish to modify your work or otherwise use it in a manner that might be a derogatory treatment of the work.’
Creative Commons
Another recent project of mine has been helping my aunt publish her family history book she has been working on for a few decades, she gave me some images and I did a search on images in the Creative Commons. What is this you ask?
‘For over 20 years, Creative Commons has supported a global movement built on a belief in the power of open access to knowledge and creativity. From Wikipedia to the Smithsonian, organizations and individuals rely on our work to share billions of historic images, scientific articles, cultural artifacts, educational resources, music, and more!’
Creative Commons gives creators a way to publicly grant permission for the use of their work. Here is their official website. They have a range of license options and there are plenty of websites where content is shared including their CC licence options.
Image use
‘Photographs on the internet are protected by copyright, irrespective of whether they feature a copyright notice. You will generally need permission to use images you find on the internet in any of the ways reserved for the copyright owner.’
This is a biggie, there’s definitely misunderstanding around images found on the internet and reuse. And I get it, people that don’t deal with image copyright on a daily basis don’t run into these issues much. When I’m creating artwork for clients, I regularly have the conversation on the origin and ownership of images they supply.
Where cost is an issue, there are some generous websites like Unsplash that allow free download their image library, it’s suggested you might include attribution to the author. Stock image libraries are great for inexpensive image options where the purchase includes copyright and usage terms, alternatively if a client requires original images that no one else in the world has, we employ the skills of a photographer.
Back to my aunt’s family tree project. My ancestors found themselves in Brisbane, Queensland in the late 1800’s so I did an online hunt for images of Brisbane around that time to help the book with some visual context. Not sure if you’re aware but Google has a function that allows your image search to be limited to images with creative commons licensing.
Font use
As far as copyright goes for fonts and typefaces, same goes. Take it from me, when it comes to fonts, you get what you pay for. There are font websites available like dafont where you can download free fonts that give you the bare basics and don’t allow for much freedom in crafting text and sometimes, they don’t even include all letterforms. Alternatively, you can purchase typefaces and whole families that include additional glyphs and allow for ultimate type crafting.
Everything is a remix
Now that I’ve covered all of that, there’s a bit more to think about. This is the fun bit.
To communicate in a visual way, I use standard ‘ingredients’ to formulate a visual ‘recipe’. The ingredients are known as the elements and principles of design (links below). I use these with the intention to help the viewer connect dots and digest the intended message visually. I’m going to be honest, I find logo/branding design one of the most challenging things about my job. Every time, I put so much pressure on myself to create a logo mark that’s not only original, but encapsulates everything my client wants to communicate (e.g., serious but friendly, clinical but approachable). Not only that a logo mark needs to be super simple so it can appear ANYWHERE (e.g., online, on signage, on the side of a pen, ANYWHERE), the pressure is real.
Once I get over that, I remember again the logo mark is only one part of the brand. It’s Aristotle who wisely said ‘the whole is greater than the sum of its parts’ and he’s not wrong. There are so many supporting elements that help fortify a brand and further help its originality such as colour palette, tone of voice, photographic style and support graphics.
Stay with me for another minute. Have you ever heard the saying ‘There’s nothing new under the sun’? With that in mind, and the fact we have so much visual content readily available today, how then do we make something new? I’m highly inspired by a series of youtube video made by Kirby Ferguson called ‘Everything is a Remix’ , Kirby talks about taking inspiration from many other sources to create something new and original. Please take the time to watch it.
Using reference material for design and illustration
Full circle, and we’re back to where my brain started on this tangent, illustrators can use sections of reference material to help build a whole composition. If I’m looking for a specific bird about to take flight, I don’t have to travel to Siberia and face the wilds to draw the bird from real life, I’m grateful the internet provides plenty of reference.
When it comes down to it, we can either be a slave to the law or, when we obtain understanding, it can set us free and we are able to spread our creative wings.
Here’s some extra reading:
https://www.copyright.org.au/browse/book/ACC-Graphic-Designers-&-Copyright-INFO075/
https://theillustratorsguide.com/copyright-for-illustrators/
https://www.darkyellowdot.com/reference-images-for-drawing-artwork/
https://www.artslaw.com.au/information-sheet/copyright/
https://design.tutsplus.com/articles/the-basic-elements-of-design--cms-33922
https://design.tutsplus.com/articles/the-principles-of-design--cms-33962