What do you do when you find someone using your original designs without consent? Whether it’s Shein selling clothes featuring your unique prints, or a Chinese platform mimicking your product’s distinctive shape, this is intellectual property theft – and you’re protected under copyright law.
Before picking up the phone to a lawyer, there are some important steps you can take. This article offers an in-depth look at how copyright law for designers works, and what you can do to enforce it.
We’ll explore the basics of copyright in artwork, what is and isn’t protected, exceptions that exist, and how to identify whether your intellectual property has been infringed. We also look at ways to protect your brand from copycats and fakes, and how to pursue statutory damages when someone passes off your original designs as their own.
Why copyright laws are essential for designers
Copyright is a fundamental concept in intellectual property (IP) law, giving creators and visual designers the exclusive right to use, distribute, and benefit financially from their original works.
By giving you control over your original works, it helps to protect your design’s creative integrity and economic value.
Although protection and enforcement laws vary across jurisdictions, in most countries copyright lasts for a minimum 50 years after the original creator’s death.
There are different timescales for different types of art form, however. For example photography is only copyrighted for 25 years after death.
Despite different countries having different laws, your original work should be protected overseas thanks to international agreements: particularly the Berne Convention.
This harmonises copyright law at an international level, meaning there’s no requirement to register with a copyright office.
Remember: Navigating copyright law for artwork can be complicated. While this article covers the need-to-know basics, it’s important to consult an IP and Brand Protection expert if you need specific guidance.
Understanding automatic and registered copyrights
In many jurisdictions, copyright protection is automatic. This means that original work is protected as soon as it’s created and “fixed” in a tangible medium.
For example, if you model a prototype or upload a digital graphic to the internet, copyright protection will attach immediately: giving you unregistered rights to that design.
However, if you have an amazing idea but don’t sketch it out or write it down, it won’t be protected because it doesn’t exist in a physical form.
In some jurisdictions, additional protections are available through copyright registration. For example in the USA, where a certificate of registration (or refusal of registration) is required for infringement suits.
Some countries – like the UK, Germany and Australia – don’t have a central copyright office, and offer no voluntary procedure to register a copyright.
What copyright protects: and what it doesn’t
What is protected?
Original Expression: Copyright protects the unique, original expression of an idea, but not the idea itself. For example, two designers might both create a T-shirt design featuring flamingos. Copyright would protect each artist’s unique style, technique, and composition in rendering those flamingos.
Tangible Form: Copyright requires that your designs have to exist in a physical form. This means anything that’s written down or saved somewhere. For example a painting on canvas, a digital illustration file, or even a photograph saved to a computer. Ideas, sketches, or concepts that remain in your mind aren’t covered.
What isn't protected?
Ideas and Concepts: Copyright doesn’t protect subject matter, for example the idea of drawing a flamingo and putting it on a T-shirt. Only the unique execution of the idea—how it’s rendered—receives protection.
Commonplace Elements: Widely recognised elements, or patterns that aren’t original to any one creator, can’t be copyrighted. However, if you make these elements your own they can be protected: for example a unique take on polka dots or zebra stripes.
Works in the Public Domain: Once the copyright term expires, works enter the public domain and are free for anyone to use, modify, or republish without the original creator’s permission.
Some creators voluntarily choose to release works into the public domain, and relinquish copyright protection altogether.
How copyright provides artistic protection
Copyright law offers legal protections for designers, most importantly:
Revenue protection: Unauthorised reproductions can lead to loss of revenue, as people may choose to buy a cheaper knock-off instead of your work.
Copyright grants you the exclusive right to reproduce, distribute, and sell products based on your design, alongside the legal grounds to challenge and stop any infringements.
Reputational protection: Unauthorised modifications, distortions, or reproductions can impact your reputation by presenting work in ways you may not approve of. For example to endorse a political candidate or espouse a point of view you disagree with.
Copyright laws protect the integrity of your design work by providing mechanisms to prevent such misuse.
Exceptions to copyright protection: understanding 'Fair Use'
While copyright grants you exclusive rights over your original work, some exceptions exist: particularly under doctrines like “Fair Use” in the U.S. and UK. There are other similar provisions globally.
Fair Use allows limited use of copyrighted material without permission for purposes such as criticism, commentary, education, and news reporting. The UK government has a comprehensive list of exceptions to copyright for Fair Use cases.
Understandably, this is a complex area. It often involves subjective interpretation. Misuse of Fair Use can still lead to legal disputes.
Nuances in copyright for emerging art formats
New digital formats, like non-fungible tokens (NFTs), add unique dimensions to copyright protection for designers.
NFTs are blockchain-based digital assets representing ownership of a particular work, but they don’t necessarily transfer copyright unless explicitly stated.
Designers must clarify their rights when minting NFTs to ensure they retain control over reproductions, derivatives, and future uses of their digital artwork.
As the NFT space grows, so does the legal framework around them, emphasising the need for designers to be vigilant about protecting their digital rights.
Examples of brand software helping designers
Many brands don’t think they need brand protection software, but this is often because they don’t understand the extent of the issue. In fact, it’s impossible to know how often your product is being copied – and the damage it’s causing – without comprehensive checks in place. Software provides a more all-encompassing form of online monitoring that would be impossible to do manually.
A good example is the fashion designer, Olivia Von Halle, who is known for gorgeous self-designed luxury pyjama prints. Counterfeiters have been replicating these sought-after designs and circulating them on global platforms.
By using her copyrighted artworks, SnapDragon has actively removed thousands of infringing products from market giants like eBay, Amazon and Walmart. Read the full Olivia von Halle case study.
Another brand we’ve helped is Play&Go, a creative company offering clever design solutions for children’s playrooms. They face high brand threat issues on worldwide marketplaces, with counterfeiters copying their unique product designs to sell on grey markets. Over four years, SnapDragon Monitoring has vigilantly protected all versions of Play&Go’s toy storage bags across more than 30 platforms. You can find out more in the Play&Go case study.
Identifying copyright infringement: what designers can do
Detecting copyright infringement can be challenging in a digital landscape, because images and designs are so easy to share, copy, and modify.
There are some preventative steps designers can take, however:
- Watermarking and metadata: Including metadata and digital watermarks can help designers track usage and demonstrate authorship.
- Reverse image search: Platforms like Google Images allow designers to perform reverse searches to find unauthorised copies of their work online.
- Copyright registration: Registering copyright provides a public record of ownership, making it easier to prove infringement.
- Use brand protection software to make monitoring and removing infringements easy.
What to do if someone is infringing your copyright
There are a number of steps you can take when you catch someone using your original visual art without your permission.
We’ve written in-depth how-to guides for specific websites including Etsy and and Facebook, but in general these are the steps you should take:
- Document the infringement. First, gather evidence. Take screenshots, save URLs, or download copies of the infringing material. Documentation is key for any formal action, especially if it progresses to a legal case.
- Reach out informally. Sometimes, a simple request to the infringer can be enough: especially if the infringement is unintentional. Contact the person or organisation politely, explaining the copyright ownership and asking that they stop using the work. Many people comply if they’re asked directly and politely.
- File a DMCA takedown notice. For online infringement, especially on social media or e-commerce sites, filing a DMCA (Digital Millennium Copyright Act) takedown notice is a powerful tool. The original creator submits this request to the platform hosting the infringing material, and the platform is legally required to act on it if the infringement is verified. Most major sites have clear procedures for filing these notices.
- Send a cease-and-desist letter. If an informal request doesn’t work, or if the infringement seems intentional, the next step is a formal cease-and-desist letter. Ideally this would be written by a lawyer, but you can do it yourself if necessary. It demands that the infringer stop using the work, and states potential legal consequences if they don’t comply. It’s important to note that these letters are serious documents, and getting one written properly can costs hundreds – if not thousands – of pounds. The amount a solicitor charges will depend on how complicated the case is, whether you have any history with the infringing party, and how much information they need to gather.
- Escalate to legal action. If none of the above steps work, or if the infringement is severe, you can file a lawsuit for copyright infringement. If you’ve registered your copyright, you can seek statutory damages (which can be significant) as well as attorney’s fees. In some cases, a court may issue an injunction to immediately stop further use of the work. Taking this route can be very expensive and time-consuming, so it’s best to try and resolve the issue before getting legal professionals involved. In this case, “a pinch of prevention is worth a pound of cure”.
Support from online brand and intellectual property protection services
As copyright issues become more common online, it can be time-consuming and difficult for designers to stay on top of fakes. Brand protection services like SnapDragon can help professional designers by taking on monitoring and enforcement on their behalf.
Our unique brand protection software is powered by AI and backed by a team of experienced analysts. No stone is left unturned as our advanced tools comb worldwide marketplaces, domains, websites, social media, app stores and even NFTs to find keywords and images that look like your unique designs.
Any suspicious imagery is then sorted into categories, allowing you to detect intellectual property threats and uncover unauthorised sales. We can then support with powerful and fast infringement removal: including rapid takedowns, and (in some cases) seller account removal.
It would be impossible for one person to do all of this. Our software can save designers time and money, and enforcement in this way is far less expensive and much faster than initiating legal proceedings.
To find out how we can help you to protect your product designs and other visual work online, book a consultation.
