Trademarks, copyrights and restricted materials

When designing something for non-personal use, there are a few things you should keep in mind. You don’t want to get slapped with a lawsuit because you decided to use a pretty picture you found online on your business cards. Of course, this information is not exhaustive and is provided to give you an idea of what to avoid when looking for content to use in your designs. What is a trademark? Names, words, logos and designs used to identify services or products are considered trademarks or service marks. The owner of a trademark or service mark had the exclusive right to use or reproduce it. To find out if a name, words, or logo is trademarked you can look it up at http://uspto.gov/. What is a copyright? A copyright is a form of protection provided to the authors of original works by the laws of the author’s resident country and through International Treaties. Copyright owners have the exclusive right to reproduce their copyrighted work. They may, however, grant permission to others who wish to reproduce the copyrighted work. Artists, photographers, publishers, architects, writers and composers can all be copyright owners. Copyright owners may place a copyright notice (example: ©2009 PsPrint.com) on their works; however, this notice is not required under the law and is still considered copyright-protected without the notice. Here is an example list of copyrightable materials: • Graphics • Sculptures • Photographs • Cartoons • Maps • Blueprints • Architectural renderings • Music and lyrics • Newspapers • Magazines • Trade journals • Books • Newsletters • Computer programs • Plays • Screenplays • DVDs What is restricted material? Materials that are of monetary value, negotiable instruments or can be used for identification purposes are considered restricted materials. There are a multitude of stock photography and illustration companies out there that offer images for use in designs. My personal favorite is www.istockphoto.com, because you can purchase credits to buy individual designs or photos and it won’t break the bank. So, in brief, if you think it is copyrighted, trademarked or restricted don’t use it. Better to be safe than sorry, so when in doubt leave it out.