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In 2019, AIGA added and updated chapters previously found in the Design Business and Ethics publication. This page represents a collection of legal guides written by lawyers and practice management experts. We encourage you to download and refer to these resources if you have questions about intellectual property—including copyright, trademark, or patents—employment law or freelancing. The accompanying collection of articles explain related legal issues, including how to advocate for your creative rights.

Copyright
Copyright
Copyright defines the ownership of work created by a designer. Read this guide if you are interested in controlling whether or not a work may be copied or if you need to obtain client-appropriate licenses of copyright from suppliers such as photographers, illustrators, and authors.
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Copyright for Compilations
Copyright for Compilations
Compilations are defined as a selection and arrangement of materials or data. Copyright for the compilation will be separate from any copyrights that apply to the content itself. Read this guide if you are interested in controlling whether the selection and arrangement you have created may be copied.
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Trademark and Trade Dress
Trademark and Trade Dress
A trademark is any name, phrase, or symbol that functions as a brand—that is—it tells the public that there is a particular source or manufacturer for products or services. Trade dress is a subset of trademark law and encompasses a wider scope of branding materials for goods or services, rather than a single symbol. Read this guide to understand trademark and trade dress protection.
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Independent Contracting
Independent Contracting
Many designers work as independent contractors, also referred to as freelancers. This guide provides an overview of the legal and tax basics for those who identify as independent contractors.
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Employment Law for Design Firms (part 1)
Employment Law for Design Firms (part 1)
Employment laws, sometimes referred to as “labor” laws, operate to protect the rights of individual workers and employers, and to promote productive, safe workplaces. This guide covers the hiring process and important compensation issues.
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Employment Law for Design Firms (part 2)
Employment Law for Design Firms (part 2)
This guide covers employment-related documentation, anti-discrimination laws, guidelines for leaves and accommodations, as well as laws covering employee benefits.
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Patents
Patents
The U.S. Patent and Trademark Office (USPTO) rewards designers with two types of patents: utility patents and design patents—provided that your invention meets all of the relevant criteria, and you go through the application process. Read this guide to understand the benefits to patenting your work.
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Trade Secrets and Nondisclosure Agreements
Trade Secrets and Nondisclosure Agreements
Many design firms use nondisclosure agreements (NDAs) to preserve trade secrets. But simply calling information a trade secret will not make it so. This guide provides designers with the information needed to understand and protect trade secrets.
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Defamation, Privacy, and Publicity
Defamation, Privacy, and Publicity
Advertising agencies, publishers, and broadcast companies produce a steady stream of messages for the general public. The rapid expansion of digital communications means that any company distributing information via email or the internet could face legal risks. This guide explains what companies and individuals need to know about the legal implications of defamation, privacy, and publicity.
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Articles

What Every Designer Needs to Know About Copyright Law
What Every Designer Needs to Know About Copyright Law
Unfortunately it's more than you think...
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How You Can Stay Protected in the Big Bad World of Professional Design
How You Can Stay Protected in the Big Bad World of Professional Design
Californian intellectual property lawyer Leslie Burns answers questions and offers educational suggestions on a number of legal issues relating to design professionals
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Ripping Off the Resistance
Ripping Off the Resistance
The most defining images of the Women’s March are being co-opted by corporations and copied with print-on-demand services.
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Have a Question About Copyright or Work For Hire? Creative Attorney Katie Lane Has Got You Covered
Have a Question About Copyright or Work For Hire? Creative Attorney Katie Lane Has Got You Covered
What are your rights as a freelance creative? How can you better stand up for yourself when invoices aren’t getting paid? Katie Lane shared all her top lawyer secrets with us.
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This is What Happens When You Rip Off a Designer
This is What Happens When You Rip Off a Designer
Milton Glaser + Mirko Ilic speak out on their stolen work.
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The Fight for Freelance Protections in Germany is About More Than Just Regulations
The Fight for Freelance Protections in Germany is About More Than Just Regulations
It will take freelance creatives banding together with freelancers from other industries to see meaningful change.
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The Copy Left Is Not Right
The Copy Left Is Not Right
A new “rights movement” is taking shape around the issue of creators’ rights. In theory, its goal is to benefit the general public. But if successful, it will affect the careers and legacies of freelancers everywhere.
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Don’t Be a Victim of Copying
Don’t Be a Victim of Copying
Truly creative work is hard won and represents the synthesis of deep personal exploration, knowledge, skill and experience. It’s no wonder then that designers who find their work copied are angry.
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The Orphan Work You Save Could Be Your Own
The Orphan Work You Save Could Be Your Own
This president's address was delivered at the School of Visual Arts class of 2008 commencement ceremony, held at Radio City Music Hall in New York on May 16.
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Intellectual Property
Intellectual Property
A basic introduction to design and marketing’s core issues—copyrights, trademarks and trade dress, utility patents and design patents—as well as trade secrets and moral and intellectual property rights.
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Intellectual Property: What does “Work for Hire” mean for designers?
Intellectual Property: What does “Work for Hire” mean for designers?
AIGA’s legal counsel answers your questions on intellectual property.
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Rights, Wrongs and the Law: An Interview with Frank Martinez, Esq.
Rights, Wrongs and the Law: An Interview with Frank Martinez, Esq.
A conversation between Steven Heller and Frank Martinez about the difficulties around reproduction rights and fair use.
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Publishing in the Age of Digital Piracy
Publishing in the Age of Digital Piracy
What’s a publisher to do when copyright violators run amok online? Crawford ponders the value of e-books and how to stop renegades bearing scanners.
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Legalities
Legalities
Legalities℠ is a column for AIGA|SF by OW&E member Linda Joy Kattwinkel, who is herself a visual artist and former graphic artist. In the column, Linda Joy specifically answers questions raised by visual artists, but many of the issues are equally applicable to those who create or utilize works in all creative disciplines.
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Does A Designer Have to Turn Over Source Files When A Client Asks For Them?
Does A Designer Have to Turn Over Source Files When A Client Asks For Them?
It is not unusual for a designer and his or her client to get into a dispute over who owns and can use the source files generated during a project. AIGA Los Angeles examines why clients ask this, and how you should respond when it happens.
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Contracts
A collection of legal guides, written by practicing lawyers, are a helpful resource if you have questions about intellectual property
A collection of legal guides, written by practicing lawyers, are a helpful resource if you have questions about intellectual property
A collection of legal guides, written by practicing lawyers, are a helpful resource if you have questions about intellectual property
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Contracts
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