The word Copyright typed on paper above the metal keys of a typewriter

Fair Use Copyright Rules for Designers

• 5 min read

574 Shares
Save

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 It’s less likely to apply to unpublished work (which is reasonable – would you want someone else publishing your designs for free before you did?), for creative work (creativity is a greater endeavour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:

Learn Design and AI From the Best

Get one powerful email each week, like 314,364 others.

Next email in:

What You Should Read Next

  • Read full article
    Don Norman: How You Can Rapidly Move Up by Thinking in Systems (Not Features) - Article hero image

    Don Norman: How You Can Rapidly Move Up by Thinking in Systems (Not Features)

    How can you move up in a company? Learn the fundamentals of business such as statistics, finance, accounting, marketing, supply chain and administration. How do you do that? One way to do this is to get a Master of Business Administration (MBA) degree. But Don says you can also learn them without go

    Social shares
    609
    Published
    Read Article
  • Read full article
    How to Find Your Voice: Speak with Confidence and Clarity - Article hero image

    How to Find Your Voice: Speak with Confidence and Clarity

    You’ve heard it before “It’s not what you said—it’s how you said it.” Your voice can change how people feel—even if your message doesn’t. If you vary your tone and pacing, you can make your ideas sound more trustworthy, exciting, or urgent. Harness this neuroscience-backed communication power and yo

    Social shares
    449
    Published
    Read Article
  • Read full article
    Avoid Death by PowerPoint: Structure Your Slides for Maximum Impact - Article hero image

    Avoid Death by PowerPoint: Structure Your Slides for Maximum Impact

    Your message is ready, your delivery honed. Now, how do you put that brilliance on slides? Discover how to structure your slide deck strategically so that it supports your message, whether you present live or share it for independent review.Whether you're pitching to stakeholders, leading a team mee

    Social shares
    421
    Published
    Read Article
  • Read full article
    Use Feedback as Your Superpower: Learn, Improve, Shine - Article hero image

    Use Feedback as Your Superpower: Learn, Improve, Shine

    Feedback: the word alone can inspire apprehension. Yet, it’s the lifeblood of great design. Whether it’s subtle critique or blunt rejection, how you respond to feedback matters more than you think. You can defend your design—or you can use that moment to learn, improve, and show you're the kind of p

    Social shares
    335
    Published
    Read Article
  • Read full article
    Overcome the Self-Doubt That Stops You from Being an Excellent Presenter - Article hero image

    Overcome the Self-Doubt That Stops You from Being an Excellent Presenter

    Do you doubt your ability to speak up, thinking you’re not the public speaking type? Many people do. But the truth is, most beliefs about presentation skills are simply wrong. Let’s break down these myths and boost your confidence—you’ve got far more potential than you think.In the next video, Morga

    Social shares
    309
    Published
    Read Article
  • Read full article
    Present Like a Pro: Become a Designer Who Leads - Article hero image

    Present Like a Pro: Become a Designer Who Leads

    Your ideas are only as powerful as your ability to communicate them. You can design the perfect solution ... but if nobody understands it, cares about it, or champions it? It goes nowhere. If you can master presentation skills, you’ll open new doors in your design career, access new opportunities, a

    Social shares
    316
    Published
    Read Article
  • Read full article
    Presentation Pitfalls and How You Avoid Them - Article hero image

    Presentation Pitfalls and How You Avoid Them

    You’ve worked hard on your ideas—don’t let simple messaging missteps keep them from landing. Make your brilliant ideas shine in every presentation by deftly sidestepping common messaging missteps, and give your hard work the influence it deserves every time.Morgane Peng, Head of Product Design & AI

    Social shares
    325
    Published
    Read Article
  • Read full article
    How to Change Your Career from Software Development to UX Design - Article hero image

    How to Change Your Career from Software Development to UX Design

    Most people believe that an aesthetic sense or a formal education in visual design is necessary to become a user experience (UX) designer. This perception unfortunately becomes an obstacle for software developers who want to switch their career to UX design.If you’re a software developer who wants t

    Social shares
    726
    Published
    Read Article
  • Read full article
    Design League Savings, AI Tutor, and Pricing Updates - Article hero image

    Design League Savings, AI Tutor, and Pricing Updates

    Rikke and I started IxDF in 2002 with nothing. We lived in a bamboo hut in Thailand with no investors, no safety net, and no plan B. We had a conviction that world-class design education should not be a privilege reserved for people who could afford a $15,000 degree.That conviction has never changed

    Social shares
    156
    Published
    Read Article
  • Read full article
    If You Don’t Fail, You’re Not Trying Hard Enough - Article hero image

    If You Don’t Fail, You’re Not Trying Hard Enough

    In some cultures, people never recover from failure, and Don Norman says this is wrong. In other cultures, failure is seen as a way to learn. David Kelley, the founder of design firm IDEO, once said, “Fail faster, succeed sooner.” Don says this is good, but encourages us to take it one step further,

    Social shares
    605
    Published
    Read Article

Top Articles

Top Topic Definitions

39% of Today's Skills Will Change by 2030

The World Economic Forum expects 39% of today's skills to be transformed or become outdated by 2030.

The good news is that jobs in UX / UI design and AI are among the fastest-growing professions globally.

Build Skills That Keep You Relevant

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.

Learn Design and AI From the Best

Get one powerful email each week, like 314,364 others.

Next email in: