Floor sample designers and illustrators continuously create and promote greeting playing cards. It looks as if a enjoyable and inventive enterprise, however there are vital authorized points to think about when designing and producing greeting playing cards for industrial sale. Let’s talk about some key authorized areas to remember.
DISCLAIMER: The knowledge contained on this weblog publish is meant for informational and academic functions solely and shouldn’t be construed to represent authorized recommendation. Earlier than taking any motion, or earlier than refraining from taking any motion, primarily based on the data contained on this publish, please seek the advice of an legal professional.
1. Copyright Protections
Copyright regulation protects authentic works fastened in a tangible medium, which incorporates greeting card designs. The copyright holder has unique rights to breed, distribute, publicly show, and make by-product works from their creation.
For greeting playing cards, copyright covers the phrases, symbols, graphics, pictures, decorations, and the general compilation and association of components that make the design distinctive. You should definitely at all times use an authentic design solely — no collages, no borrowing, no copying.
When creating new greeting card designs, it’s vital that each one features are your authentic work or are correctly licensed by third events. Utilizing substantial parts of copyright-protected materials with out permission may result in infringement claims.
Subsequently, it’s in your finest curiosity to independently create or license issues like textual content, illustrations, ornamentation, backgrounds, templates, and any recognizable characters. Failure to take action can result in receiving stop and desist letters or lawsuits in search of financial damages for the infringement. Registering greeting card copyrights with the U.S. Copyright Workplace additionally gives further authorized protections and treatments in case of disputes.
A phrase about greeting card sayings
The overall rule is that brief phrases can’t be copyrighted. Phrases like, “sure, chef,” or “goose bumps” usually are not topic to copyright regulation as a result of they’re brief phrases in frequent language. Nevertheless, the longer the saying is, the extra possible it may be copyrighted. Don’t hijack brief well-liked phrases, corresponding to “E.T., telephone house.”
Additionally, the extra inventive the textual content, the extra possible it is going to be protected by copyright regulation. Including an attribution to your card, the place you determine the supply of the phrase, can typically curb potential infringement claims, however attribution doesn’t absolutely mitigate copyright infringement.
Additionally, the better the quantity of borrowed textual content, particularly whether it is notably inventive, the extra possible it’s that it is going to be protected.
As a rule of thumb, at all times use your authentic, inventive, or brief phrases or textual content in greeting playing cards.
2. Trademarking Branding and Logos
If promoting greeting playing cards underneath a selected model title or emblem, it’s advisable to use for federal trademark registration to guard these identifiers. The title and emblem assist shoppers determine the supply of the product.
Logos forestall others from utilizing confusingly comparable names or logos that might dilute your model identification.
Earlier than deciding on a model title or emblem, do a radical trademark search to make sure it doesn’t too intently resemble current marks. The trademark workplace will reject purposes deemed too much like registered marks. Implementing rights towards trademark infringement will be difficult in case your branding conflicts with prior emblems.
Equally, don’t tread on different entities’ emblems. Use of one other’s trademarked materials, picture, or emblem (just like the Nike “swoosh”) with out license or permission is trademark infringement and might land you in an entire lot of sizzling water legally.
Associated Article: Design Greeting Playing cards that Stand Out
3. Respecting Publicity Rights
Many states and nations have legal guidelines defending people’ publicity rights, which management the industrial use of their title, picture, likeness, or different figuring out features of identification. Because of this depicting or referencing actual individuals on greeting playing cards requires cautious thought. Utilizing somebody’s identification with out their consent for industrial achieve may immediate lawsuits for violating their publicity rights.
The most secure authorized strategy is to solely depict fictional characters or actual individuals who have supplied signed written consent to look on the playing cards.
Don’t embody specifics like a person’s title, picture, or distinctive features with out advance approval. Consent from celebrities is especially vital given the substantial industrial worth of their fame. Violating publicity rights via inappropriate makes use of can result in substantial statutory damages.
4. Avoiding Defamation
When writing greeting card textual content, it’s vital to keep away from false statements of reality that might harm an individual’s or firm’s repute. Defamation consists of unfaithful statements that injure the topic’s good title or standing if printed to 3rd events. Greeting playing cards containing falsehoods about actual people or companies that hurt their reputations may result in pricey defamation lawsuits.
Follow lighthearted humor and keep away from insulting named individuals or organizations with out their approval. Don’t print unprivileged, unflattering depictions or greetings with out consent. Making false claims, mocking figuring out traits, or depicting actual entities offensively creates litigation dangers. The most effective rule of thumb is to get written permission if figuring out individuals to keep away from mistakenly defaming somebody.
5. Licensing Third-Occasion Content material
All third-party textual content, designs, pictures, or different content material utilized in greeting playing cards must be correctly licensed to keep away from claims of copyright or trademark infringement. This contains inventory images, clip artwork, fonts, templates, illustrations created by freelancers, and another non-original materials that’s not within the public area. Failing to acquire licenses to make use of protected content material may once more immediate stop and desist calls for or federal lawsuits.
It’s essential to analysis what content material is authentic versus owned by others.
Crediting sources can be vital. Hiring designers, writers, or artists to contribute work requires licensing agreements granting print manufacturing rights. Hold data of licenses and permissions to show your authorized use rights. Utilizing unlicensed, protected third-party content material is a straightforward option to get in authorized hassle.
6. Different Issues
Just a few different areas to think about embody mannequin releases if depicting identifiable individuals, warnings for supplies that might pose well being hazards like glitter or magnets, respecting privateness rights, and avoiding disclosing non-public information about people with out consent.
As a finest apply, have an legal professional evaluation greeting card designs and disclaimers for those who’re not sure. Lastly, safe the required enterprise licenses, gross sales permits, and resale certificates to function legally.
In Conclusion
Following these pointers will assist safeguard authentic creations and cut back authorized dangers when designing and promoting greeting playing cards. Tread rigorously relating to unapproved makes use of of others’ works in your playing cards. An oz. of prevention is value a pound of authorized remedy.
Keep in mind this brief phrase: when doubtful, go away it out.
Written by Michael Sheridan, Esquire
Web site: www.michaelsheridanesquire.com
Instagram: @michaelsheridandesigns
Michael is a floor sample designer and industrial litigator with 25 years’ expertise. He believes {that a} sturdy authorized basis is important to enterprise success. Michael is also an avid crafter and quilter, specializing in translating historical Islamic tile patterns into quilt designs.