Most design projects involve issues related to copyright. As a working professional, you need to have a basic understanding of what it's all about. To start off on the right foot, go to the U.S. Copyright Office and review Circular 1, "Copyright Basics."

Copyright is legal protection granted to "original works of authorship." It does not cover an idea in and of itself; it covers the expression of an idea in a fixed or tangible form. The author has the exclusive right to reproduce or sell the work, distribute copies, display the work publicly, perform the work publicly or prepare derivative works. Each specific use can be transferred outright (assigned) or transferred in a more targeted way (licensed). A transfer of rights can be either exclusive or non-exclusive. Any transfer may be terminated after 35 years (except "work-for-hire," which is discussed below). Any rights not transferred explicitly remain the property of the owner.

Work-for-hire
This term refers to original work made by an employee, in which copyright ownership automatically belongs to the employer. It can also refer to original work made by an independent contractor or a design firm, in which copyright ownership might automatically belong to the client, but only under certain limited conditions. If your work doesn't meet the following criteria, copyright will belong to you unless you assign it to your client: the work must be specially ordered or commissioned, a written agreement must be signed saying that it is a work made for hire, and the work must fall within one of the following nine categories:

1. A contribution to a collective work
2. A work that is part of a motion picture or other audiovisual work
3. A translation
4. A supplement prepared as an adjunct to a work created by another author
5. A compilation
6. An instructional text
7. A test
8. Answer material for a test
9. An atlas

Original works of authorship
Copyright law covers a wide variety of creative expressions:

• Published and unpublished fiction and non-fiction
• Catalogs and advertising copy
• Drawings and other designs
• Fabric designs and sketches for garments
• Photographs
• Sculpture, paintings and other works of fine art
• Architectural plans, drawings and models
• Musical scores and lyrics
• Musical performances captured on records, tapes, discs, et cetera
• Choreographic works that have been notated or recorded
• Dramatic works such as stage plays and screen plays
• Motion pictures captured on film, video, DVD, et cetera
• Computer programs, including source code and distinctive screen displays

In the next article, we'll discuss how long copyright protection lasts and what to do if you find that your copyrighted work is being used without permission. In the meantime, if you have specific questions about your own situation, you should speak with an intellectual property attorney.

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