Fair Use Copyright Rules for Designers

• 5 min read

562 Shares

Copyright law is there to protect the intellectual property of the creator. You don’t, in most countries, need to register copyright. It comes into existence at the moment you create something. In some places, like the United States, there are benefits to rights holders for registering copyright. But what about when you want to use someone else’s work? What do you need to be aware of?



Author/Copyright holder: CHRISTOPHER DOMBRES. Copyright terms and licence: CC BY 2.0

Note: It is worth remembering that this article is based on the United States copyright laws; there may be slight changes in your jurisdiction and if you are uncertain as to the meaning of the local law – you should always seek legal advice from a solicitor in your area.

Fair Use


Author/Copyright holder: Eril J. Heels. Copyright terms and licence: All rights reserved Img source


Copyright law has a provision for “fair use” when you want to use someone else’s work, modify their work, or derive something from their work. Fair use provisions generally apply to educational use, commentary, criticism, reporting, study or research. There are 5 key factors which tend to be weighed up for whether your use of copyright material is fair:

  1. How the copyright material was used. If it’s used for business purposes (e.g. to make a profit) – you’re not likely to get away with claiming “fair use”. It’s reasonable that if you profit from material that the creator profits from it too. If you use the material for non-profit educational uses – then you are more likely to find that your usage falls within “fair use”.
  2. The nature of the copyrighted work. In general you are most likely to find that “fair use” will apply to published work, to readily available work and for factual work. It’s less likely to apply to unpublished work (which is reasonable – would you want someone else publishing your designs for free before you did?), for creative work (creativity is a greater endeavour than reporting on facts) and for rare works (using rare work might damage its value in the market).
  3. The amount of the work that you use. There is no hard and fast guidance on how much is too much. Reprinting an entire story or an entire album of photos is certainly not going to be considered fair use. Reprinting an excerpt or a partial photo might be – you’ll probably want to check with your lawyer before using something.
  4. The financial impact of the work used. If you are considered to have reduced someone’s revenue or decreased the market value of the product – you may well find that it’s not “fair use”.
  5. The transformation of a work.This is a recent consideration. For example, is it “fair use” if Google takes your image from your website and turns it into a thumbnail for anyone to see? Yes, at least according to recent rulings it is. But… the exact nature of the transformation is going to dictate whether use is fair and as always it’s best to take legal advice if you’re uncertain before you publish.

Header Image: Author/Copyright holder: Dennis Sklay. Copyright terms and licence: CC BY-ND 2.0



Learn More in This Course:

AI for Designers

2 days
82 % booked
View Course

What You Should Read Next

  • Read full article
    What Should a UX Design Portfolio Contain? - Article hero image
    Interaction Design Foundation logo

    What Should a UX Design Portfolio Contain?

    Your UX design portfolio is the key that gets you a job interview, and it is therefore vital that you include everything necessary in it. After all, a recruiter spends only a few minutes to form an opinion of you through your portfolio. If you’re new to UX, however, you might not know what exactly n

    Social shares
    826
    Published
    Read Article
  • Read full article
    Enter the World of Social VR - Article hero image
    Interaction Design Foundation logo

    Enter the World of Social VR

    Our metaverse is big—as in massive and expanding, to be more exact—and there’s plenty of room to trailblaze inside of all of that digital space, so if virtual reality (VR) can teleport, catapult, and integrate human users into brand-new worlds of excitement, discovery, and learning (which it can, by

    Social shares
    555
    Published
    Read Article
  • Read full article
    8 Talks by Women to Inspire UX Designers - Article hero image
    Interaction Design Foundation logo

    8 Talks by Women to Inspire UX Designers

    User Experience design, like so many other disciplines, has a lower representation of women as compared to men. Things are changing now, though. Slowly, but surely. From strategy to tactics and from ideas to actionable tips, here is a curated playlist of talks by, and stories of just some of the mos

    Social shares
    655
    Published
    Read Article
  • Read full article
    UX Storyboards: Ultimate Guide - Article hero image
    Interaction Design Foundation logo

    UX Storyboards: Ultimate Guide

    In user experience design, we use techniques like workshops and interviews to understand users. We turn our research into user stories and process flows. We use personas and wireframes to share our ideas with our teams.But it’s important to remember the real people we design for. We need to know wha

    Social shares
    778
    Published
    Read Article
  • Read full article
    Top 6 Tips to Make Your UX Portfolio Stand Out - Article hero image
    Interaction Design Foundation logo

    Top 6 Tips to Make Your UX Portfolio Stand Out

    Whether you’re a UX designer looking for your first UX job or a seasoned designer looking to further your career, your UX portfolio is arguably one of the most important projects you’ll work on. Your portfolio is the first touchpoint you have with the recruiters; it’s your chance to make an impactfu

    Social shares
    705
    Published
    Read Article
  • Read full article
    3 Reasons Why Accessible Design Is Good for All - Article hero image
    Interaction Design Foundation logo

    3 Reasons Why Accessible Design Is Good for All

    Most designers probably agree that accessibility matters: We want to create designs and interfaces that don’t exclude users with disabilities. There are plenty of obvious moral reasons that accessibility matters, but, unfortunately, accessibility considerations are often one of the first things to g

    Social shares
    766
    Published
    Read Article
  • Read full article
    Stop the Generic Portfolio Trap! Design a Stand-Out Portfolio for Your UX/UI Niche: UX Writing - Article hero image
    Interaction Design Foundation logo

    Stop the Generic Portfolio Trap! Design a Stand-Out Portfolio for Your UX/UI Niche: UX Writing

    A picture may be worth a thousand words, but in UX design the right words are priceless. UX writing guides users, simplifies complex concepts, encourages desired actions, and creates a sense of delight. But how do you demonstrate you can do all of these things? How do you get noticed by hiring manag

    Social shares
    417
    Published
    Read Article
  • Read full article
    Transform Your Creative Process with Design Thinking - Article hero image
    Interaction Design Foundation logo

    Transform Your Creative Process with Design Thinking

    Think about a new user experience (UX) design project at work that your team needs fresh ideas for—you want to create a winning digital product for your users, one that’s desirable, economically viable, and technologically feasible. To start with, you try to understand market trends and consumer beh

    Social shares
    526
    Published
    Read Article
  • Read full article
    Top 5 Customer Journey Mapping Tools (+ Templates) - Article hero image
    Interaction Design Foundation logo

    Top 5 Customer Journey Mapping Tools (+ Templates)

    As the digital world continues to change, you must know more about your customer's journey. Customer Journey maps help you see and analyze how customers interact with your brand. You can improve marketing strategies and customer experiences using them. Let's explore customer journey mapping tools an

    Social shares
    757
    Published
    Read Article
  • Read full article
    Rating Scales in UX Research: The Ultimate Guide - Article hero image
    Interaction Design Foundation logo

    Rating Scales in UX Research: The Ultimate Guide

    Picture this: you’re designing a new app or website and want to know how users feel about it, but you want a good way to get actionable insights from those feelings, fast. Feedback is vital—and the sooner you get it, the better—and that’s why something as direct and visual as a rating scale comes in

    Social shares
    884
    Published
    Read Article

Top Articles

Top Topic Definitions

Feel Stuck?
Want Better Job Options?

AI is replacing jobs everywhere, yet design jobs are booming with a projected 45% job growth. With design skills, you can create products and services people love. More love means more impact and greater salary potential.

At IxDF, we help you from your first course to your next job, all in one place.

See How Design Skills Turn Into Job Options
Privacy Settings
By using this site, you accept our Cookie Policy and Terms of Use.
Customize
Accept all

Be the One Who Inspires

People remember who shares great ideas.

Share on:

Academic Credibility — On Autopilot

Don't waste time googling citation formats. Just copy, paste and look legit in seconds.

Feel stuck? Want Freedom?

Get one powerful email each week, like 324,136 others.

Learn to design a life you love.

Next email in:
6
days
4
hrs
19
mins
58
secs