Legislation

Familiarise yourself with the following legal considerations that relate to graphic design:³

1. When you work for payment, always have a contract with your client.

   • Include the following:
     • The name of the parties involved
     • The scope of the project or work
     • How and when will you be paid
     • What happens if your client fails to pay you or if you fail to deliver the work or project
     • What happens to the intellectual property that you create
     • How to resolve complaints and disputes
     • Limitation of your liability

2. Be aware of your (and others’) IP rights

   • Your Copyright
     • Copyright grants the author of an original work the exclusive right to use his or her work. After a project you will typically assign (transfer ownership) or license (grant use rights) the intellectual property rights to your customers, because they will pay for you to create these works. Be aware of using other’s designs or photos as well in your work; always get permission.
   • Trade Marks
     • You may create a logo, brand or trade mark for a client. You should let your client know whether or not you provide trade mark availability searches, or if they will need to sort this out themselves.

3. Include Legal Content on Your Website

   • A great website is essential for representing your business to your clients and customers. The Website's Terms of Use are important because they define its purpose, provide visitors with instructions on how to use the website and what they can or cannot do with the information you provide.
   • If you have a collection of previous works on your site, your terms of use should clearly state that these works are on the website as examples and not for download or copying. When you create or design websites for others, it's important to make sure you understand the terms of use. This way, you can add value to your services and help your clients comply with regulations.
   • The following links outline further relevant legislation you will need to familarise yourself with as you progress through the course. Click on the links to take you directly to the relevant website.
     • Legislation explained | IP Australia
     • Copyright 101: What graphic designers should know? (flexisourceit.com.au)
     • Legal Guide for Graphic Designers | Legal123.com.au