Introduction
This guide provides resources that will help you understand your rights as an artist and what you can do to protect your work, as well as understand the rights of other artists to their work. Copyright and trademark laws exist to help you protect your intellectual property – the texts, images, and photographs you create as an artist. And be mindful of the rights of other artists, including indigenous/traditional knowledge rights. For example, before creating new mash-ups with existing illustrations, first determine if you need copyright permission or cultural consultations to do so. The information in this guide will also show you how to identify public domain content and Creative Commons licensed work that you can use to create derivative works without obtaining copyright permission.
Copyright
Copyright is automatically granted once an idea is "fixed" in any format - such as the creation of a digital illustration. It is important to note an idea itself cannot be copyrighted, only its original, fixed expression. This logo from BlackBerry (as screen-captured from their website) is an example:
Though copyright is automatically granted, it may be advantageous to officially register your copyright to establish definitive ownership of your intellectual property. It is important to note an idea itself cannot be copyrighted, only its original, fixed expression.
Trademarks
Trademarks are unique, recognizable visual expressions used to identify products and services, such as a graphic symbol representing a brand. See the BlackBerry’s branding document as an example; the emblem design and stylized font are creative expressions (graphic symbols). These expressions have been officially registered, as indicated by the registered trademark symbol “®” representing the software company.
Trademarks create brand recognition for businesses and serve as a marketing tools. These are often so effective that a simple symbol can be recognized across the globe.
Apple in particular takes their trademark very seriously, often monopolizing the market of not only apple imagery, but imagery of any stemmed fruit.
Here is a link to the Canadian Intellectual Property Office (CIPO), explaining the importance of trademarks and how to use them:
Before registering for trademarks, you need to make sure that your graphical expression is unique. Use the Canadian Trademarks Database to search for similar trademarks:
If you are designing a logo that will eventually be trademarked, consult the webpage from Canadian Intellectual Property Office (CIPO) for a quick primer:
Below are two e-book titles from the UFV Library that are specifically about trademark design. They include information on what makes a logo effective, and best practices for design. International examples are used in these resources:
Creating a brand identity : a guide for designersCreativity and the Law Webinar
Screen capture from: https://www.rgd.ca/2021/12/17/creativity-the-law-protecting-your-intellectual-property-and-technology-assets.php
The Association of Registered Graphic Designers has a webinar titled Creativity & The Law: Protecting Your Intellectual Property and Technology Assets. If you are a paid member of RDG, you can access the webinar here:
If you do not have a membership to RDG, click/tap the following link to see the webinar.
The document attached below has detailed timestamps for different sections of the webinar.
Resources on copyright for visual artists
Resources on trademarks for visual artists
Resources for Graphic + Digital Designers
