Graphic Designers and the Copyright Law based on a series of PSA using Facebook profile pictures

1. c Graphic Designers
& Copyright Laws
Presentation by Peggy Mao and Venus Fung

2. DesignerGuidelines

3. Graphic Designers of Canada
Code of Conduct
42. A Member shall not knowingly copy the design or
work of another person without the consent or
agreement of the person who owns the copyright or their
agents and in accordance with the copyright laws of Canada.
(Intellectual Property & Authorship Section from Society of Graphic Designers of Canada)

4. Who owns the
copyright?
“ The creator/designer owns the copyright in work he creates on
a freelance basis. If employed by an organization or
government, then the employer or government owns the
”
copyright. As well, commissioned photographs, engravings
and portraits belong to the person commissioning these works.
(From the Society of Graphic Designers of Canada)

5. OurProject

6. • Topic: Using the “public” images online
• Project: Non-profit PSA for the public to
be more aware of the content they
publish on facebook/social media
• Uses public profile pictures that are
found on facebook to convey main point

7. TheLaws

8. Photography Copyrights
• Copyright belongs to the the person who
commissioned the photo
• Copyright is automatically applied to the photo,
no need to register for it to be in effect
• Unless stated that photo is in public domain,
cannot be used without permission

9. Facebook’s Terms
“ 5.7: If you collect information from users, you will: obtain their
consent, make it clear you (and not Facebook) are the one
”
collecting their information, and post a privacy policy
explaining what information you collect and how you will use it.
(Excerpt from Facebook Terms and Conditions)

10. Privacy Act
“ 2. The purpose of this Act is to extend the present laws
of Canada that protect the privacy of individuals with
respect to personal information about themselves held
”
by a government institution and that provide individuals
with a right of access to that information.
1980-81-82-83, c. 111, Sch. II “2”.
(Excerpt from the Privacy Act of Canada)

11. Model Release
Should include:
• Clearly define the terms of
1. The name and signature of the model
the relationship between the
2. The name and signature of the artist
model and the artist
engaging the model
• Avoid misunderstandings 3. The name and signature of an
independent third-party witness
and minimize the possibility
4. The date
of lawsuits.
5. Tthe consideration (eg. financial reward)
• Should employ one when
using the name, likeness or
other personal attributes of
an individual.
(Info from the Carfac Ontario)

12. It seems like we are definitely
in a copyright infringement...
BUT

13. Fair Dealing
3 situations where fair dealing lets you use part
of another creator’s work for:
1. Research or private study
2. Criticism and review
3. News reporting
(Info from The Copyright Act of Canada - Section 29)

14. Critique and Review
“ You can quote someone’s work as part of a piece of criticism
of it. And you can reproduce and copy their work as part of a
criticism of it, which is to say, you can take a photo of their
piece of art, and put it in your review of that specific art work
”
and show. In both cases, you have to cite the source, author,
performer, maker or broadcaster and so on.
(Info from The Copyright Act of Canada - Section 29)

15. OurProject
(Recap)

17. SomeQuestions

18. VS. Is the situation different if it
was in a magazine?
• Like in a newspaper, to inform
• Definitely protected under the
law for fair dealing

19. Publishing Platform’s Fault?
For not making the copyright of
the image clear for others to view
Uploader’s
Fault?
For not Publishing Friend
checking Uploader
privacy setting Platform (The intended
audience)
Grey Area
Creator of infringing
product?
For not finding the Person
original image creator Infringing
and not making looking for
Product
copyright issues clear
images

20. What if the client
provides the images?
If there is infringement, then
who is responsible?

21. Let’sDiscuss

22. Discussion
• Would the situation be different if the product was not a
poster, but in a magazine/editorial piece?
• Who should be at fault? The unaware uploader? The unclear
publishing platform? Or the creator of the infringing product?
• If the client provided the photos, is the designer still at fault?

23. Thank
You

24. Bibliography
Copyright Act. (n.d.). . Retrieved April 1, 2011,
from http://laws-lois.justice.gc.ca/eng/acts/C-42/index.html
Sanderson, P. (n.d.). CARFAC Ontario Short Form Release. Retrieved April 1,
2011, from http://www.carfacontario.ca/images/model_releases.pdf
Statement of Rights and Responsibilities. (n.d.). . Retrieved April 1, 2011,
from http://www.facebook.com/terms.php
The Society of Graphic Designers of Canada | For Business | Questions about
Copyright in Canada. (n.d.). . Retrieved April 1, 2011,
from http://www.gdc.net/business/ethics_and_professional_practice/
articles45.php
Privacy Act. (n.d.). . Retrieved April 1, 2011,
from http://laws-lois.justice.gc.ca/eng/acts/P-21/page-1.html#h-2