Graphic Design is an interdisciplinary, problem-solving activity which combines visual sensitivity with skill and knowledge in areas of communications, technology and business. Graphic design practitioners specialise in the structuring and organizing of visual information to aid communication and orientation(1). The graphic design process is a problem solving process, one that requires substantial creativity, innovation and technical expertise. An understanding of a client's product or service and goals, their competitors and the target audience is translated into a visual solution created from the manipulation, combination and utilization of shape, color, imagery, typography and space.
Works receive the same kind of copyright protection online as those which are published in analogue form. The concept of a web page is therefore not legally relevant; rather, it is the work that manifests itself in the form of a web page or single copy, such as a photograph, that is being examined.
In talking about online design, one can mean the visual expression in web pages or their technical design. Copyright issues relating to user interfaces and networks are discussed in the chapter Computer applications and games.
In this context, the phrase online graphics is taken to mean the result of visual design. Online graphics are usually created to enliven, clarify and visualise a web page. Online graphic design focuses on the creation and manipulation of various elements - text, images, buttons, animation etc. - in digital form using a computer. Online graphic design may utilise technology based on vector or bitmap graphics. In creating online graphics, the author may e.g. utilise computer animation, where moving images can be created entirely within the computer. Computer animation combines traditional animation and computer graphics. Also, the animation may initially have been created traditionally, by pencil and paper, but e.g. colouring and motion may have been created with the help of a computer application. Sound may also have been combined with the graphics.
In terms of the copyright of online graphics, it is not significant what technology was used by the author in creating the work. The most important thing, as far as the attainment of copyright protection is concerned, is that the result of the intellectual creative work is independent and original and that it therefore meets the prerequisites of originality. Copyright protection is granted only to that form of appearance or expression, to which the author has contributed by their intellectual creative work.
The visual expression of a user interface means the part of a computer application, which the user can see on a computer display, and the way in which they operate the application. Functionality is always a part of the user interface. Modern web browsers facilitate the realisation of diverse and interactive user interfaces. The graphical user interface means a way of using a computer or computer-guided device based on text, images and a variety of graphical user interface elements such as windows, menus, buttons and icons. The user interface facilitates a dialogue between the user and the computer. In addition to the keyboard, interface elements are used by a pointing device such as a mouse or touch pad. The user navigates the user interface, functioning almost as a map, depicting how an application's functions are divided into windows, views and dialogue boxes and how information, operations and choices can be made. Menus and command buttons are kinds of direction signs, with which the user can reach the required information and operations.
The graphical form of online graphics and a user interface may receive copyright protection as a literary or other artistic work, or other work, provided that it is independent and original and meets the prerequisites of originality. Copyright protection is granted only to that form of appearance or expression, to which the author has contributed by their intellectual creative work. It is not significant, how much creative work or professional ability the author invested in the work. In terms of meeting the prerequisites of originality, it is not significant, whether the work is characterised as static or interactive. Any alterations made by the user do not, in principal, remove the right of the original author to their work. Terms and conditions may also have been agreed upon separately.
The graphical external form of a user interface and online graphics may have been assembled from such elements, that can be regarded as independent types of work on their own, such as photographic works, ordinary photographs, illustrations, maps, slogans and texts, used fonts and typography, each of which may independently receive copyright protection. In this case, the prerequisites for protection must be assessed separately for each element.
The texts "Get product" and "Get products" were not literary works in accordance with the Copyright Act. In the Copyright Council's opinion 2004:10, it was stated: The graphic design consists of two rectangular 'boxes', one of which has written in it, in white letters, 'get product' and the other, in similar fashion, 'get products'. The base color of the boxes is green. The boxes have most likely been created using a computer technology. The boxes create a kind of three-dimensional impression of depth. The Copyright Council notes that the texts contained in the graphic design, "Get product" and "Get products", do not meet the prerequisites of a literary work. Therefore the aforementioned texts, which are included in the graphic design, fall outside copyright protection, as defined in Section 1 of the Copyright Act. The Copyright Council considers that the aforementioned graphic design, as a whole, does also not meet the prerequisites of a work of fine art, or other work, in accordance with Section 1 of the Copyright Act. Therefore, according to the Council's view, the online graphic design intended in the request for comment falls outside copyright protection as defined in Section 1 of the Act.
As far as works of fine art are concerned, copyright protection concerns colour, technique as well as other choices. A photograph may receive protection as a photographic work or as a so-called ordinary photograph. As far as user interfaces and the elements and layout of online graphic design are concerned, the prerequisites of originality may be high, in practice, as the purpose of the elements and layout is often clarity and user-friendliness, where the figures and symbols being used are those of universally used, and easily recognisable symbols. The assessment of the prerequisites of copyright protection, that is, independence and originality, should however be done on a case-by-case basis.
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
Online Graphic Design
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