Graphic Designers of CanadaCode of Conduct42. A Member shall not knowingly copy the design orwork of another person without the consent oragreement of the person who owns the copyright or theiragents and in accordance with the copyright laws of Canada. (Intellectual Property & Authorship Section from Society of Graphic Designers of Canada)
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)
• 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
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
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)
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)
It seems like we are deﬁnitely in a copyright infringement...BUT
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)
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)
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
Publishing Platform’s Fault? For not making the copyright of the image clear for others to viewUploader’sFault?For not Publishing Friendchecking Uploaderprivacy 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
What if the clientprovides the images? If there is infringement, then who is responsible?
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?
BibliographyCopyright Act. (n.d.). . Retrieved April 1, 2011,from http://laws-lois.justice.gc.ca/eng/acts/C-42/index.htmlSanderson, P. (n.d.). CARFAC Ontario Short Form Release. Retrieved April 1,2011, from http://www.carfacontario.ca/images/model_releases.pdfStatement of Rights and Responsibilities. (n.d.). . Retrieved April 1, 2011,from http://www.facebook.com/terms.phpThe Society of Graphic Designers of Canada | For Business | Questions aboutCopyright in Canada. (n.d.). . Retrieved April 1, 2011,from http://www.gdc.net/business/ethics_and_professional_practice/articles45.phpPrivacy Act. (n.d.). . Retrieved April 1, 2011,from http://laws-lois.justice.gc.ca/eng/acts/P-21/page-1.html#h-2