Copyright: An Essential Guide for Designers

What is copyright in design?

Copyright is the legal recognition granted by the state to creators of original works, providing them with an exclusive monopoly over their use and exploitation. In the field of design, this protection does not cover ideas, methodologies, or functional concepts, but rather the original and tangible 'expression' of those ideas: the graphic composition of a logo, the specific layout of a publication, an illustration, or an icon system.

This protection is divided into two categories of rights. On one hand, there are economic rights, which allow the author to authorize or prohibit the reproduction, distribution, or public communication of their work and are transferable to third parties (such as a client). On the other hand, there are moral rights, which are inalienable and non-waivable, perpetually linking the creator to their work, guaranteeing the recognition of their authorship and respect for the work's integrity.

What is the purpose of copyright in design?

Beyond being a simple barrier against plagiarism, copyright establishes a legal security framework that allows the designer to control the destiny of their creation. It grants the exclusive power to decide who can use a work, how, and under what conditions, thereby preventing its unauthorized exploitation and devaluation.

From a commercial perspective, copyright is the foundation for monetizing creative work. It allows for the structuring of assignment or licensing agreements, turning a design into an intangible asset with economic value. For the designer, it guarantees the right to be recognized as the author (right of paternity), a key factor in building a reputation and a solid professional portfolio. In essence, it formalizes authorship and transforms creativity into legally defensible property.

How to register copyright in design?

It is crucial to understand that, according to the Berne Convention (signed by most countries), copyright arises with the creation of the work itself, without the need for formal registration. Protection is automatic from the moment the design is fixed in a tangible or digital medium. Formal registration constitutes public and irrefutable proof of ownership and the date of creation, serving as evidence against any claim of ownership by a third party.

The registration process, although it varies slightly between jurisdictions, generally involves:

1. Preparing a copy of the work to be registered (digital files, prints).
2. Completing the application form with the corresponding national intellectual property office.
3. Paying the administrative fees.
4. Depositing a copy of the work, which will be held in custody by the agency.

In many countries, this registration is an essential requirement for initiating legal action for infringement, granting a much stronger legal position to the rights holder.

Where to register copyright?

Copyright registration is done at the national intellectual property office of the country where protection is sought. Each country has its own competent body, such as the National Institute of Copyright (INDAUTOR) in Mexico, the National Directorate of Copyright (DNDA) in Argentina, the Intellectual Property Registry in Spain, or the U.S. Copyright Office in the United States.

Thanks to international treaties like the Berne Convention, registration in a member country grants protection in the other signatory countries. This means that a design registered in Spain is recognized and protected in Mexico or Argentina, for example. However, any litigation for infringement must generally be conducted in the courts of the country where the violation occurred. There are also private digital registration platforms that offer timestamping, serving as complementary proof of authorship, but they do not replace the presumption of truth and legal certainty provided by official public registration.

When to use copyright vs. industrial property?

The distinction between copyright and industrial property is fundamental for the comprehensive protection of a design. Both are forms of intellectual property, but they protect different assets. Copyright safeguards the work as an 'artistic expression' (the form, aesthetics, composition), while industrial property protects the creation in its 'commercial and industrial application.'

A logo, for example, originates as a graphic work protected by copyright. However, to protect its function as a company identifier in the marketplace and prevent a competitor from using a similar sign that could cause confusion, it must be registered as a trademark (a form of industrial property). Similarly, the ornamental shape of a product (a chair, a bottle) is protected as an industrial design. Therefore, they are not mutually exclusive but complementary: copyright protects the creative piece itself, and industrial property protects its distinctive and commercial function in the market.

What is the difference between copyright and trademark in visual communication?

In the context of visual communication, the difference between copyright and trademark lies in the object and purpose of the protection. Copyright protects the 'work,' while a trademark protects the 'sign' in its function as a commercial identifier.

Copyright applies to a logo, illustration, or photograph as an original artistic creation. It protects against the unauthorized copying, reproduction, or modification of that specific graphic piece. Its focus is on the authorship and integrity of the work. A trademark, on the other hand, protects that same logo not as a work of art, but as the symbol that represents a company, product, or service in the market. Its purpose is to prevent consumer confusion and protect the brand's reputation and value. A designer holds the copyright to a logo they create; their client becomes the trademark holder upon registering it to identify their services.

What are moral rights in design?

Moral rights are the deeply personal and unbreakable bond that links a designer to their work, even after all economic exploitation rights have been assigned. They are non-waivable and non-transferable in most legal systems. Understanding them is vital for dignified professional practice.

The main moral rights are: the right of paternity, which is the right to claim authorship of the work, allowing the designer to sign or be credited for their work; and the right of integrity, which empowers the author to object to any distortion, modification, or alteration of their work that would be prejudicial to their reputation. This means that a client cannot, for example, distort a logo in a way that harms the creator's professional honor. Other moral rights include the right to decide on the disclosure of the work or its withdrawal from commerce under certain conditions.