 E-rights, electronic rights and/or digital rights describe the collective rights to digital media, and establish the right to publish works in electronic form. They give the owner exclusive control over a copyright, essentially providing protection of an intellectual idea such as a Web site design or other online creative.
Enforcement of E-Rights
The problem the Internet creates is the task of monitoring intellectual ideas and enforcing E-rights. Tracking the distribution of electronic rights in order to maintain intellectual property to the creator is often difficult because the process can be extensive, complex and expensive. Unfortunately, the Internet increases opportunities to reproduce or copy other works easily, oftentimes without a trace of evidence.
The best means of protecting your creative idea is to put it in writing. For example, create a written agreement when working with a client to ensure each party has the rights for usage of all the assets (i.e. graphics/images), and for the intellectual property itself (i.e. Web site design). Sometimes it's also a good idea to outline specifically how these rights will be enforced, with a price tag.
Also, there are licensing organizations like Rightsline and The Creators’ Copyright Coalition which offer copyright licensing. If the creative idea is valuable to you, it’s best to research such licensing options to protect your ideas. But always take the time to investigate these types of copyright organizations because they can be costly, and they can present additional copyright issues that may be restricting in other regards.
The best action to take if you notice that someone has reproduced your work is to gather evidence including:
1. A copy of infringing work
2. A copy of your work
3. A copy of the registered version of your work
4. Date of registration
5. Other dated documents (referring to the work before the infringement)
6. Developmental work (rough draft, previous versions, synopsis, etc.)
7. Contact the infringer and ask them to stop the use of the unauthorized work, and demand payment for the use.
How do you know if it's infringement?
I surf online design galleries daily where I watch for trends in color and layout, imagery, graphics/illustration, application, and functionality. I am influenced by these sites, as are many other Web designers, and I reflect and create what I see and learn from them. So, how do you distinguish between the fine line of copying or simply being influenced by a design?
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If you’re using copy and paste tools to regenerate work, it’s copying.
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If you’re looking at design concepts and techniques applied through layout, color, image enhancement and functionality, it’s influence.
It’s less than flattering when your work is copied, especially if the stolen design is getting some recognition, and usually that’s when you take notice of the infringement. So, use your best judgment. If you think it is an unethical method of professional practice, don’t do it. It’s in your best interest as a designer not to violate these professional ethics so that it does not become a trend or acceptable practice within the profession. Also, if designers collectively refrain from copying others work, it decreases the chances of it ever happening to you.
A great example of these ethics established within a professional association is The Registered Graphic Designers of Ontario (RGD Ontario). As stated in, The Business of Graphic Design: A Professional’s Handbook, "The RGD adopted a standard of conduct to guide members of the Association in their professional practice to ensure a fair balance between the needs of members, clients, the profession and the government." In becoming a Registered Graphic Designer, a member is committed to adhering to these principles set out by the association.
Be fair. Don’t steal from other designers even if you think it’s something as simple as an 'idea'.
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About the Author
Christine Whone is a creative Web designer at Lyris, Inc. She works closely with customers to create and develop unique Web designs to suit their brand and marketing needs based on Web 2.0 standards and best practices.
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