Copyright - Part 3

Progress Challenge 3: Case study

Fact Situation — You are employed by Creative Pty Ltd as a full-time salaried graphic designer. The company you work for has been engaged to create content for a promotional campaign for a charitable organisation — the Salvation Army. The client wants to include images of Salvation Army members in various uniforms assisting community members throughout the history of the organisation. As part of your employment, you are given the task of pulling together the text, images and associated materials to satisfy this brief. You are provided with the following items:

1. Pictures of Salvation Army personnel in various Salvation Army uniforms (provided by the Salvation Army)

2. Text providing historical content on the Salvation Army, its general aims and work, and the specific target of the current campaign (provided by the Salvation Army)

3. Several links to specific articles on the Salvation Army on news and current affairs websites (supplied by the Salvation Army)

4. Several links to YouTube clips of the Salvation Army (supplied by the Salvation Army)

5. A link to a web-based ‘free’ photo repository (supplied by your employer)

6. Copies of third party brochures and material where other organisations have created similar types of documents to what you are being asked to do (supplied by the Salvation Army).

Question 1: Which of these materials are you going to use or might use? Even if you use just a little of all of them, you must be sure you have rights to use them. Alternatively, if you are sure you will not use one or more elements, then put them aside and for you own peace of mind, mark them as unverified.

Question 2: If you were the one DELIVERING the brief to a freelancer, how would you advise them about copyright considerations for these items? This is in particular regard to content that Creative Pty Ltd is in possession of and how it may be used.

Complete the above challenge and then click LINK 10 to upload.

Answer

Page 14 of the text in my e-book is where the question is phrased, though the answers to the first question are on 15, concerning how I can use these pictures. Legally speaking, I would expect that most of these items would belong to the Salvation Army, and would have to attribute the texts and images accordingly.

Answer to Question 1:

As a freelancer, what I intend to use would hinge mainly upon what work I was being asked to do. Either way, I would have to attribute the work accordingly – making a note as to what is the source of the images (e.g. Source: http://www.salvos.org if it is them), or if it is those things belonging to the employer, Creative Pty Ltd, then I would attribute the images belonging to that company. If I was using large amounts of text, I would have to reference that correctly as well. I would also have to get it in writing as to exactly what I can and can't use.

Answer to Question 2:

If I were the person giving the brief to the freelancer, I would have to ask that employee to reference or attribute the items accordingly, maybe even put it in writing as to how they can go about doing this.

Here is what Open Colleges has had to say on the matter (as to what specific works I am using)¹.

Case study – items 1 and 2

(Pictures and Text)

For actual materials, i.e. items 1 and 2 (as opposed to links and material on the internet), you should go back to the client requesting confirmation that either they own the material (and identify each item you are referring to) or they have the required licence to use them.

Case study – items 3 and 4

(Articles and YouTube clips)

For the links in items 3 and 4, it is almost certain that this material is NOT available to you to use for any commercial purpose. It is a good exercise to make sure of this so you should check the terms and conditions on each site, but it is highly unlikely the owner will authorise any duplication or use of the materials.

Case study – item 5

(Creative Pty Ltd's pictures)

For item 5, you will no doubt be aware there is a vast array of what is loosely called ‘free’ material available on the internet, including pictures, video clips, sound files and more. What ‘free’ usually means is they can be used for no charge where the use is non-commercial and only personal. Before using any material off the internet, look carefully at the terms of use on the site, even if it is a pay site. On pay sites, the range of rights you get may depend on how much you pay, i.e. You have to pay a higher fee to get unlimited use or you may not be granted unlimited use.

Case study – item 6

(Third Party Brochures)

For item 6, you cannot use other people’s creative work without their consent. There is a difference between the ‘idea’ behind creative work and the actual work itself. For brochures or other third party materials, unless you have clear written authority to use parts of them (which you are highly unlikely to have or get) then at most you can use the ‘idea’ behind them. However, be careful. Under copyright law, using a ‘substantial’ part of someone else’s copyright work constitutes an infringement. ‘Substantial’ in the copyright context does not refer to comparative volume, but more the ‘essence’ or ‘substance’ of it. Also be aware that using ‘ideas’ can be a breach of our Fair Trading laws relating to deceptive and misleading conduct, if you try to make your work look like someone else’s. In securing the rights to use other people’s copyright, you must remember that transferring or assigning of copyright i.e. transfer of ownership, must be in writing.

1Open Colleges Australia (2013): 1.5 Case Study Breakdown in CUV50311 – Diploma of Graphic Design, Book 30530a: Use and Respect Copyright, page 15