Everything you need to know about design copyright

Being a good designer means protecting your works of art professionally using a graphic design contract or agreement templates. In a perfect world, applying for design copyright for every original piece you create wouldn’t be necessary, and honesty among creators would prevail.

However, that’s not the world we live in.

These days, design copyright laws are put in place for a good reason. There will always be someone in the shadows, looking to take credit for your work.

We’re here to make sure the process of creating your design copyright and integrating it with your freelance graphic design contract template is as smooth as possible to help protect your work, and get you back in the studio – doing what you do best.

Design copyright process overview

Since 1978, copyrights in the U.S. have been automatic, meaning you don’t need to register your design rights to receive copyright protection.

To fully protect your work, you must apply for copyright protection by filling out a registration form specific to your design piece. For example, if you’re copyrighting a sculpture, you’ll need to use Form VA, which stands for Visual Arts.

You can register online here.

However, before you dive into the paperwork, it’s important to understand how design copyright works and how to copyright a design properly.

Designs eligible for copyright

While it seems easy enough to go ahead and apply for copyright for design rights, your design needs to cover some basic requirements.

First: Your design needs to be represented within a tangible object. For example, if you created a new shoe design, you must copyright the shoes themselves under clothing design rights. Once this happens, the design will be copyrighted through the shoes.

Secondly: Your design must be completely original. This excludes minor alterations like adding glitter to someone else’s shoe design and claiming it as your own.

Basic rights of design copyright

Once your item is copyrighted, you have the exclusive rights to sell, market, and reproduce your design or product. You can also offer licenses to businesses to sell the product on your behalf.

And, big bonus:

Many copyright owners will charge for these licenses.

When you license your design, use invoices like Bonsai’s fast-pay invoices to bill businesses that want to sell your design.

Requirements for copyright protection

Originality and creativity

Copyright protection requires that a design be original and show some level of creativity. This means the design must be independently created by the author and not copied from another source. Simple shapes or common patterns without unique elements typically do not qualify.

For example, a logo featuring a unique combination of shapes and colors that reflects your brand identity can be protected. However, a basic geometric shape like a plain circle or square is unlikely to meet the originality standard.

Tools like Adobe Illustrator, Canva, or Figma can help you create distinct designs that stand out.

To ensure your design qualifies, focus on adding creative details or unique arrangements that differentiate it from generic designs. This approach strengthens your copyright claim and protects your work from unauthorized use.

Fixation in a tangible medium

For a design to be protected by copyright, it must be fixed in a tangible medium. This means your design needs to exist in a physical form or a digital file that can be perceived, reproduced, or communicated. Simply having an idea or concept is not enough.

For instance, saving your design as a high-resolution JPEG, PNG, or vector file on your computer meets this requirement.

Even sketches on paper or digital drafts created in software like Procreate, Adobe Photoshop, or Affinity Designer count as fixation.

Make sure to keep dated records of your design files to establish when your work was fixed. This documentation can be crucial if you need to prove ownership in a copyright dispute.

Exclusions and limitations

Not all designs are eligible for copyright protection. Functional aspects, such as the shape of a product that serves a utilitarian purpose, may fall under patent law instead. Additionally, ideas, methods, or concepts behind a design cannot be copyrighted.

For example, the unique appearance of a chair’s decorative pattern can be copyrighted, but the chair’s overall shape designed for comfort might require a design patent. Understanding these distinctions helps you choose the right form of protection for your work.

Consult resources like the U.S. Copyright Office website or legal advisors to clarify whether your design is eligible for copyright or if other protections apply.

This ensures you take the correct steps to safeguard your creative assets.

Eligibility for copyright protection

What types of designs qualify for copyright protection

Copyright protection applies to original designs that are fixed in a tangible form. This means your design must be unique and expressed in a way that can be seen or reproduced, such as sketches, digital files, or physical models. For example, a logo you create or a graphic design saved as a digital image can qualify.

Functional aspects of a design, like the shape of a product purely for utility, generally do not qualify. However, artistic elements integrated into the design, such as decorative patterns or unique visual features, can be protected. This distinction is crucial for freelancers working in product design or visual arts.

To ensure your design qualifies, document the creation process and keep dated records.

Tools like Adobe Illustrator, Canva, or Figma can help you create digital files that serve as evidence of originality and fixation.

This preparation strengthens your claim if infringement occurs.

Who can claim copyright on a design

The copyright owner is typically the individual or entity that created the original design. Freelancers retain copyright unless they transfer rights through a written agreement. For instance, if you design a website logo for a client without a contract specifying otherwise, you usually keep the copyright.

Employers generally own copyrights created by employees within their job scope under the 'work made for hire' doctrine. Small business owners should clarify ownership in contracts when hiring designers or freelancers to avoid disputes. Clear agreements prevent confusion over who can enforce copyright.

Registering your design with the U.S. Copyright Office in 2024 provides legal advantages, including a public record of ownership and eligibility for statutory damages.

Services like LegalZoom, Rocket Lawyer, or the official copyright.gov website can guide you through the registration process efficiently.

Limitations and exceptions in design copyright

Copyright protection does not extend to ideas, methods, or functional aspects of a design. For example, the concept of a chair is not protected, but a specific artistic rendering of a chair can be. This means you cannot copyright the general shape or function, only the expressive details.

Additionally, designs that are common or lack originality may be denied protection. Simple shapes or basic geometric patterns often fall outside copyright eligibility. Understanding this helps freelancers focus on creating distinctive and creative designs that stand out.

Be aware of fair use exceptions, which allow limited use of copyrighted designs for purposes like criticism or education. However, commercial use without permission can lead to infringement claims. Always seek legal advice if unsure about using existing designs in your projects.

Copyright ownership

Who owns the copyright in a design?

The creator of a design automatically owns the copyright as soon as the work is fixed in a tangible form. This means that if you design a logo, website layout, or product packaging, you hold the copyright without needing to register it. However, if you create the design as part of your job or under a contract, the ownership can transfer to the employer or client depending on the agreement.

For example, if you are a freelance graphic designer hired to create a brand identity, the copyright ownership depends on the contract terms. Without a written agreement specifying transfer of rights, you retain the copyright. Conversely, if you work as an in-house designer for a company, the employer typically owns the copyright under the "work made for hire" doctrine.

Protect your rights or ensure proper ownership transfer by always including clear copyright clauses in contracts. This prevents disputes and clarifies who can use, modify, or license the design. Use contract templates from platforms like HelloBonsai, LegalZoom, or Rocket Lawyer to draft these agreements professionally.

How to transfer copyright ownership legally

Copyright ownership can be transferred through a written agreement called an assignment. This document must clearly state the transfer of rights from the creator to another party. Verbal agreements are not sufficient for legal transfer. The assignment should specify the scope, duration, and any limitations on the use of the design.

For instance, if you sell a logo design to a client, provide a copyright assignment that outlines whether the client gets exclusive rights or if you retain some usage rights. This helps avoid confusion about who can reproduce or adapt the design in the future. Using digital signature tools like DocuSign, HelloBonsai’s contract feature, or Adobe Sign can streamline this process in 2024.

Remember that copyright registration with the U.S. Copyright Office is optional but recommended for stronger legal protection. Registration allows you to sue for statutory damages and attorney fees if someone infringes your design rights. It also serves as public notice of ownership, which can be crucial in disputes.

Exceptions and special cases in design copyright

Some designs may not qualify for copyright protection if they lack originality or are purely functional. For example, simple geometric shapes or standard fonts used in logos might not be protected. Additionally, designs created by government employees as part of their official duties are generally in the public domain.

Another special case involves collaborative designs where multiple creators contribute. In such situations, copyright ownership is typically shared unless otherwise agreed. It’s important to clarify each party’s rights upfront to avoid conflicts. Freelancers working with teams should use collaboration agreements to define ownership percentages and usage rights.

Understanding these exceptions helps freelancers and small business owners avoid costly legal issues. When in doubt, consulting an intellectual property attorney or using legal platforms like LegalZoom can provide tailored advice based on your specific design project and jurisdiction.

Rights protected with a copyright registration

What design copyright protects

Design copyright protects the original artistic elements of a design, such as graphics, patterns, and visual artwork. It does not cover functional aspects or ideas but focuses on the unique expression of the design. For example, a logo’s specific arrangement of shapes and colors can be copyrighted, but the general concept of a logo cannot.

This protection allows creators to control how their designs are used, preventing unauthorized copying or reproduction. In 2024, registering your design copyright with the U.S. Copyright Office strengthens your legal standing, making it easier to enforce your rights if infringement occurs.

To maximize protection, ensure your design is fixed in a tangible medium, like a digital file or printed material. This clarity helps freelancers and small business owners understand what parts of their work are safeguarded under copyright law.

Exclusive rights granted by design copyright

Design copyright grants exclusive rights to reproduce, distribute, display, and create derivative works based on the design. This means only the copyright holder can legally make copies or adaptations. For instance, if you design a website layout, you control who can replicate or modify that design.

These rights last for the creator’s lifetime plus 70 years, providing long-term control. Registering your copyright in 2024 also allows you to seek statutory damages and attorney fees in infringement cases, which can be crucial for small businesses defending their brand assets.

Freelancers should include copyright terms in contracts to clarify ownership and usage rights, ensuring clients cannot use designs beyond agreed purposes without permission.

Limitations and exceptions to design copyright

While design copyright offers strong protection, it has limitations. It does not cover ideas, methods, or functional features of a product. For example, the shape of a chair may be protected by design patent law, not copyright. Understanding this distinction helps avoid overestimating your rights.

Additionally, fair use exceptions allow others to use copyrighted designs for commentary, criticism, or educational purposes without permission. However, these exceptions are narrow and often require case-by-case analysis.

To protect your work fully, consider combining copyright registration with trademarks or design patents when applicable. This layered approach offers broader protection for your creative assets in 2024 and beyond.

Design copyright and intellectual property basics

If you create something original, it’s protected by the law through intellectual property rights. So, if you draw a picture, create a character, write a song, that creation is your intellectual property – until, of course, you sell ownership rights to someone else.

If you’re an employee, make sure you know what to include in your freelance contract to outline your intellectual rights to your work.

Intellectual property can also be licensed out to others if you wish to sell it.

Four legal protections for intellectual property

Copyright: Copyright laws for art and design are typically used for literary and artistic works. This covers creative works of expression that have been fixed in a tangible medium.

Patent: Patents protect inventions, innovations, and technical solutions.

Trademark: Trademarks distinguish company services and goods from others. You can protect your company name, slogan, or mascot with trademarks.

Design copyright for different design types

Design copyright laws vary depending on your design type.

Copyright laws for art and design cover creative works such as:

• Paintings and drawings
• Graphic designs and logos
• Website layouts and user interfaces
• Photographs and illustrations
• Typography and font designs

1. Original works of art
2. Creative works of expression that have been transformed into a tangible medium (like our shoe example)

To qualify for design rights, your work must meet both of the following criteria:

• Originality: The design must be your own original creation.
• Fixation: The design must be fixed in a tangible form that can be perceived or reproduced.

However, some design types fall in a grey area.

Here, we’ll outline two major design types that design freelancers have difficulties with when it comes to their design rights.

To connect with other freelance designers and develop more knowledge around how to tackle design freelancing situations, head over to Bonsai’s homepage for inspiration.

How to copyright a logo design?

Logo designs overlap both copyright and trademark rights and many businesses tend to use both to protect their logos securely.

If you’re stuck on how to copyright a logo, you’re not alone.

There are a lot of questions as to where the lines are drawn and what would be the first step to take with logo copyrighting.

We’re here to help you get a few things straight.

Trademark and Logos

When figuring out how to copyright a logo, many people figure they should go through the trademark route.

And for good reason.

Trademark protects things that help identify businesses within the marketplace and since logos are one of the most significant symbols of business identification, they’re automatically categorized in this list.

If you’re a freelance designer, you’ll need to know everything about starting a freelance business professionally, properly and effectively (signing up for Bonsai is the best step towards achieving this).

Copyright protects original works of authorship but doesn’t cover details such as designs, colors, typefaces, and names, whereas trademark protection covers these aspects.

However, it’s also limited.

Copyright protects your work against nearly all unlicensed copying outside of fair use. Trademark protects against usage that creates confusion in the marketplace regarding the company.

Treat your logo as you would a photograph or painting protected by copyright. Use trademark protection if you want extra security, although logo copyright infringement is relatively rare.

Design copyright for graphic design

If you’re not looking to handle copyright disputes anytime soon, it’s best to get ahead of the game by understanding the ins and outs of design copyright and creating professional contracts to avoid any issues.

Graphic design copyright can be tricky because it doesn’t extend to familiar symbols such as titles, names, slogans, lettering, or coloring. It’s not possible to copyright an idea for a graphic. Additionally, it needs to be fixed on a physical object, such as a piece of clothing, a sign, or a piece of paper.

So, to copyright your graphic, you must create it into its fixed tangible object state first, then:

1. Complete your application form
2. Fill out a filling fee for paper applications and online applications (keep this organized through Bonsai Expense Tracking)
3. Include copies of your work.

Copyright protection lasts for the artist’s lifetime plus 70 years after their death.

Even if your client is the one filling out the licensing form, they will expect you to understand your rights – so get on top of it!

Getting set up with the knowledge, tools, templates, and support, ensures freelancers make the most out of their career. This is what Bonsai provides. Start for free today:

How to play it safe with design copyright

Protecting your designs before starting your work with a client or a solo-mission is vital to avoiding a designer’s worst nightmare.

This is where professional graphic design contracts come in.

By organizing your Bonsai freelance contracts to include copyright infringement information, you’ll be protecting yourself and your work from any issues down the line – along with a smooth and professional working relationship with your new client.

A common cause for uncertainty and dispute among freelancers is the ownership of intellectual property rights for designs, websites, logos, and graphics which are created by third-party designers or the freelancers themselves.

Documenting the terms in which the materials are designed and created can remove all and any disputes or issues moving forward. Typically, if you’re working for a client, the work of art will belong to them upon completion, but the content for your freelance business is 100% yours.

Remember that!

Also, remember that Bonsai is here for all your freelancing questions, tips, and tools to help you make more money, faster and smoother with your clients. Sign up today to get started on your path.