Legal and safety requirements

Ethics and the designer

Setting up a studio can be expensive, so there is a strong temptation to use pirated or illegally downloaded software (and fonts). A properly financed design studio (including that of a freelancer) should not have to consider this option. If it is necessary to go down this path, then questions should be asked about how financially viable the studio is. If there is a belief in the studio that it is all right to do this, then questions might also be asked about what other unethical behaviours are occurring.^18Ar

Ethical behaviour for the designer means not stealing the design work of others. This does not mean that you should avoid looking at the work of others for fear of copying inadvertently. Just be honest with yourself: if you find yourself copying too closely, question whether you have the right solution. It is very rare that a design solution for one problem solves another exactly as well. Behaving ethically also means giving credit where credit is due by acknowledging when others have contributed to work, including other designers, photographers and so on. Ethical behaviour also means charging a fair price for the work you are doing.

Unethical behaviour will eventually be found out, and it will be talked about among others in the design industry. Behaving unethically is a guaranteed way of ruining a reputation.

Free pitching and crowd sourcing

We have to assume that clients will behave ethically, and of course the vast majority do. They will hire a designer to do a job for an agreed some of money, and if the job is delivered as expected they will pay. However, there are two client-driven behaviours that you should avoid, as they involve you doing work for free: these are free pitching and crowd sourcing.

In both free pitching and crowd sourcing, the client has asked the designer to work for nothing. Work done for nothing is unlikely to be highly valued by the client. If the designer wins the job, often they can’t charge directly for the work done. This means they must recoup the costs by overcharging on other work or, worse still, they are forced to overcharge other clients. Free pitching and crowd sourcing can force the designer into a position of behaving unethically.

By free pitching or becoming involved in crowd sourcing, not only is the designer devaluing their own work, but they are also effectively devaluing the work of every other designer too. For this reason, in particular, the Australian Graphic Design Association (AGDA) is strenuously opposed to these activities.

Workplace Health and Safety (WHS) is a field that deals with the health, safety and welfare of people in the workplace. WHS programmes aim to prevent hazards or hard from arising in the workplace. Creating a safe working environment is critical to the success of any business. It can:

• Help the business to create safer working environments
• Provide measurable systems that can verify OHS performance
• Demonstrate that the organisation is meeting legal requirements
• Enhance the organisation’s reputation
• Improve business opportunities
• Maximise employee productivity and retain staff
• Reduce the cost of injury and worker’s compensation

The nature of graphic design practice is varied. For designers, their workplace is the studio. It could be an office on site, which is a purpose-built facility, a rented space, or a home. Designers use a wide-ranging mix of equipment, devices, objects, and materials in their day-to-day work. These can be detrimental to the health and safety, quality of life and career of the designer. They have a duty under health and safety law to ensure that their working environment complies with health and safety legislation.

Hazards

Although work provides many economic and other benefits, a wide range of workplace hazards also present risks to the health and safety of people at work.

Definition of Risk

Risk is the possibility that harm (death, injury, or illness) may occur when exposed to a hazard.
Risk control means taking action to eliminate health and safety risks so far as it is reasonably practicable, and if that is not possible, minimising the risk. Eliminating a hazard will also eliminate any risks associated with that hazard.
Risk Management. Effective risk management starts with a commitment to health and safety from those who operate and manage the business. It is a systematic process of inquiry. It is a proactive process that helps you to respond to change and facilitate continuous improvement in a business. It should be planned, systematic, and cover all reasonably foreseeable hazards and associated risks.

It involves four (4) steps:

1. Identify hazards – find out what could cause harm
2. Assess risks – understand the nature of the harm that could be caused by the hazard, how serious the harm could be, and the likelihood of it happening
3. Control risks – implement the most effective control measure that is reasonably practicable in any circumstances
4. Review control measures – to ensure that they are working as planned

Risk Assessment of your own studio

Analyse the space where you do your graphic design work. List all the activities carried our in your studio. Draw a diagram of your space and map the location of equipment such as computers, shelving etc. Identify the hazards associated with your work activities. Consider the chair you are sitting on, or the glare from your computer for example.

Rate the risk level associated with each hazard. To do this you need to evaluate the likelihood that injury might occur and the severity of the injury. This assessment of risk is based upon your judgement of it. Next evaluate the controls that you may already have in place. Controls are essentially precautions that you put in place to eliminate or reduce the risks.

There are many considerations to make, whether you are working for a design company or working remotely from home. Here are the most common safety concerns, risks and the strategies that can be employed to negate the associated risks.

Check out the table below that explains the risks associated with the office and the strategies that can be employed to negate them:

Safety Consideration	Risks	Strategy
Workstation (Computer)	Employees can suffer from increased stress, fatigue, which can also result in eyestrain Headaches and migraines are also common with increased use of computers and laptops Neck and shoulder pain can result of poor posture and increased concentration on screens Sitting too close or too far away from a computer screen can cause dry eyes and even impact eye health	Ensure the user has altered their work position at the desk as appropriate Employees must follow a varied work regime and take a 15-minute break away from the screen after every hour of continuous use Provide a safe and appropriate workstation that is ergonomically sound Promote walking and standing when appropriate. Moving around is the objective
Electrical Equipment	Exposed wires are an increased risk of electrocution The overloading of electrical circuits can lead to fire risks Graphic digital work may not be saved due to electrical surges Electrical leads across the floor can be a trip hazard and lead to injury	Ensure that all equipment has been tested in accordance with regulations. All computers and leads should have individual socket outlets Visually inspect cable for any damage or discolouration Where any equipment is identified for repair, it should immediately be removed from service
Furniture (desks and chairs)	An employee’s concentration can be adversely affected Productivity and associated morale meeting deadlines can suffer Poor furniture and desks can lead to physical strain and injury leading to increased absenteeism An employee’s health and well-being can suffer from poorly designed furniture and desks	Provide adjustable furniture and consider sit-stand desks Arrange for an ergonomic assessment for workers who are experiencing issues Provide training on the correct way to set up your desk Encourage employees to take regular breaks and carry out stretching exercises
Lighting & Fixtures	Glare from light sources can cause headaches and eye strain Inadequate lighting can make simple tasks problematic and lead to trips and falls Awkward posture can be a consequence of not seeing things adequately Light level that is too bright can cause accidents	Provide staff with the ability to control and adjust natural light Provide task lighting where required (such as desk lamps or individual overhead light Ensure emergency lighting is provided for the safe evacuation of people Report broken lights to the building maintenance team
Temperature & Air Conditioning	Affects production and can lead to increased sickness and absenteeism Inadequate or too hot working environments can lead to increased risks of accidents Sun penetration through windows can cause illness due to increased UV rays Discomfort and fatigue can occur if temperatures are too warm or too cold	Fit block out blinds to windows to stop harmful UV rays Get air-conditioning regularly serviced to avoid the risk of deadly Legionnaires Disease Ensure the temperature inside is between 20 & 26 degrees Allow employees to take regular breaks for water and cooling purposes
Working hours	Excess and irregular working hours can result in chronic fatigue Tiredness, stress, and insomnia can be a consequence of working long hours, which can impact creativity and judgement Competing deadlines and meetings can all impact mental health Overworking can lead to disillusionment with the industry	Allow workers to create schedules of work, and segment tasks Discuss with workers about flexible work hours to allow for maximum work potential Promote mental health strategies such as meditation and yoga for example Establish boundaries around work hours and provide hybrid working models to avoid potential burn out

Work-related mental disorders are a national priority

There are many ways to create a safe workspace as we have already seen, but what about the hazards associated with the workplace that are invisible to the naked eye? Health and safety at work, now include psychological health as well as physical health. It is just as important to maintain your mental health as your physical health. There are strategies that employers can implement to create a mentally healthy workplace.

Watch

Watch this video on an introduction to a mentally healthy workplace.

To maintain your health and well-being, know how to identify stress, take steps to reduce it, and find support when you need it.

Physical symptoms of stress can include:

• fatigue or exhaustion
• sleeping difficulties, such as trouble going to sleep or staying asleep
• muscle tension and/or headaches
• gastrointestinal upsets, such as bloating, diarrhoea or constipation
• skin (dermatological) disorders

Psychological symptoms can include:

• feeling sad, down or hopeless
• worrying more than usual and feeling ‘on edge’
• feeling anxious and/or afraid
• feeling overwhelmed and unable to cope
• difficulty concentrating or making decisions

Behavioural symptoms can include:

• a drop in motivation or work performance
• relationship problems or avoiding contact with others
• being impatient or irritable
• using smoking, alcohol, drug use or gambling to cope

Mental health accounts for a large amount of compensation claims as we can see in the following infographics:

There are also costs associated with mental disorders; that are well above the costs of physical injuries in Australia. This is illustrated in the following infographic:

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright, and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

There are five (5) tips for protecting your unique ideas:²⁰

1. Identify your IP Assets. What sets your organisation apart from competitors? Understand what your IP is worth to understand if it's worth protecting.
2. Do your research. Research the market to understand your competitors and consumers. Ensure your ideas are new and don't infringe on existing IP rights.
3. Beware of publicity. It's important not to share your idea until your IP right is registered. Publishing your idea before it's protected may prevent you from claiming ownership of your IP.
4. Keep it confidential. If you must talk about your IP to others, use a non-disclosure agreement (NDA) to protect yourself. You can use our IP contract generator to create one for you.
5. Don't wait until it's too late. It is important to be sure of your IP before you register it to avoid costly mistakes. But the longer your IP goes unprotected, the higher the risk of others adopting it.

Watch

Watch this video of DesignByThem: IP and design. A company discussing the importance of IP in their business.

Copyright and intellectual property

Intellectual property (IP) can be anything from a name, creation, or idea, and is the property of your mind or exclusive knowledge, such as the creativity that has gone into a design and determines who has the right to use and reproduce a design. There are several IP protection rights, which includes the most recognised, which is copyright, however this cannot be registered, it can only be assigned to a person or organisation. IP conversely can be registered and is theoretically much easier to protect by law.

IP as a concept sounds simple: you had an idea; it is yours to own or sell. It is more complex than that. The designer must be able to demonstrate that the idea is truly original, which can be challenging. For example, for an mp3 player, the external visual design may be able to be registered for IP while the internal functions may not, because they are not sufficiently original.

Another example might be the Qantas logo, where the shape of the kangaroo might be sufficiently original to register for IP, as might the word Qantas, being a unique spelling. The letterforms are probably sufficiently customised to be registered as well, but the actual letters Q A N T A S cannot be registered. It is possible to tell when a design has been registered because it will have an ® or a TM symbol™ next to it. ¹⁸

Brochures on copyright

The Australian Graphic Design Association (AGDA) has a very good brochure on the subject entitled ‘Protect your creative’. The Australian Copyright Council also has a couple of information sheets about copyright entitled ‘Ownership of copyright’ (info sheet G58) and ‘Owners of copyright: how to find’ (info sheet G51).

Design copyright

Copyright ownership for designers can be complicated. If the design was created for any government or even semi-government body, then the copyright is automatically assigned to that body. If a design was created for a private individual or company, the copyright generally stays with the designer (or the designer’s employer if the design firm they work for was commissioned to do the design). However, the designer may only have a copyright over parts of the work. ¹⁸

If there is text involved, then the author of the text may retain the copyright of the text, while a photographer may retain copyright over any images used (if they were not specifically commissioned for the job). Many clients may insist that copyright be assigned to them; in such cases, designers must decide if they will allow this (it may cost them the job) and how much extra they will charge for the reassignment.

Assignment of copyright should be determined in writing before a designer starts on a job—it should outline exactly what is being assigned, when the transfer is to occur (usually at the end of a job) and for how long (it may be indefinitely, or for several years).

There are four (4) aspects to intellectual property that you need to be aware of as a graphic designer in the industry. These are:

Copyright:

Copyright protects websites, photographs, graphics, and illustrations. It also covers the typographical arrangements of published editions, as well as the literary works they contain. Each of these creations has value and needs to be protected. Copyright is free and automatically safeguards your original work from the moment you create your design. Copyright ownership will remain with you as the creator unless your agreement with your client states or implies otherwise.

Copyright does not protect your ideas, or the information, styles or techniques used in creating the work. There is a 10 per cent rule that applies in relation to fair dealing, which allows copying for research. Designers have a responsibility to protect themselves through contractual agreements. Generally, if you create an artistic work, like a logo design, photograph, or website, you’re the copyright owner. There are some exceptions. If you are an employee and create the work as part of your job, generally, your employer will own the copyright.

Design:

A registered design protects the visual appearance of a product. The visual features that form the design include shape, configuration, pattern, and ornamentation. Design registration gives a designer or the client exclusive IP rights to the visual appearance of the product but not its feel, material or how it works. 2D graphics are critical in giving products a distinctive impression in the market. Depending on the end purpose of your graphic work, you may need to consider how best to protect your effort.

A registered design can be a valuable commercial asset. The owner has the exclusive right to use the design and has the exclusive right to authorise other people to use the design, usually through a licence. This protection is initially granted for five years and can be renewed for five years.

Trademark:

A trademark can be a logo, picture, word, phrase, letter, number, sound, scent, shape, an aspect of packaging or a combination of these. A trademark is an integral part of the marketing strategy for any business. Essentially everything a business does can affect the way consumers view their trademark. The symbol ® is used to indicate a registered trademark. The benefits of registration are that it’s much easier to protect and defend yourself against infringement—that is, someone else using your trademark without your permission.

A trademark can live forever. A trademark is initially registered for ten years and continues indefinitely if the renewal fees are paid every ten years and the mark is used.

Patent:

A patent protects any device, substance, method, or process that's new, inventive, and useful. To be granted a patent, you'll need to make sure that your invention is: new, sound, or inventive – it is different enough to what already exists.

Some ideas can't be patented. You can't patent human beings, artistic creations, mathematical models, plans, schemes, or mental processes.

A standard patent lasts up to 20 years, and 25 years for pharmaceutical substances, provided renewal fees are paid. Once your patent is granted, you'll receive exclusive commercial rights, the freedom to licence someone else to manufacture your invention on agreed terms, and the right to stop others from manufacturing, using, or selling your invention in Australia without your permission.