Outlining Possible Pitfalls: Workshop Challenge WEEK 3

As mentioned in an earlier post, I compiled together the possible pitfalls when it comes to copyright, which are as follows:

• Whilst the basic principles of copyright are the same for all projects, some may be project specific. These include use of photography, purchased typefaces and custom artwork.
• Following the sign-off on a project, client might decide to hire a different designer to work on follow-up projects, which may include alterations of the original designs. This would require permission and possible transfer of rights UNLESS the client would have requested the creation of template designs.
• Client might resell the designs as their own creation.
• The concept of Fan Art and Fan Fiction are a bit of a grey area. As long as credit is given to the original artist (or author) are credited and the Fan-based work is specified that it is indeed fan-made material, then it can be published. As for fan art specifically, in certain respects it can be labelled as an artist’s interpretation to which it then can be sold as such. However, the artist should not take credit for the creation of the original subject of his artwork.
• Unauthorised sales as well as reproduction of merchandise.
• Client cancels a project mid-way only to hire a different designer with a cheaper fee, only to be asked to copy the designs you produced, either exact copy or with very minor changes.
• Unauthorised use of photography include infringement of GDPR laws and well as liability to ID theft should the photos feature people.
• Failure to giving credit, hence avoiding payment of royalties. Designers and client need to discuss this prior to the project being accepted. Designer can agree to a percentage of the total earnings whenever the artwork is being used, which can be for a number of years. Following the agreed number of years, the designer and client are to discuss the matters once again and see where they stand.

To Conclude Things

Quite an interesting exercise. In a way I think that it is a twist on a risk assessment of a possible business. This would definitely help me in the future when drafting contracts, would definitely make a good ‘terms of service’ section. So thanks Alec for the advice. That, and print release forms answered a lot of questions for sure.