Are there exceptions in copyright law that allow the use of protected works?
April 13, 2022 | 30,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
I am writing to you today with a question that has been on my mind for some time. I work as a freelance graphic designer and regularly create designs for various clients. Often, I use protected works of other artists as inspiration or as part of my own creations. So far, I have relied on the assumption that my use of these protected works falls under the so-called "free use" and is therefore legal.
However, recently I heard from a colleague that there are exceptions in copyright law that allow for the use of protected works. Now I am concerned that my previous approach may not be legal and I may face legal consequences.
Could you please explain to me in more detail whether there are indeed exceptions in copyright law that allow for the use of protected works? If so, what are they and under what circumstances do they apply? If my previous approach is not legal, what options do I have to legally protect my designs?
Thank you in advance for your assistance and I look forward to your response.
Sincerely,
Sophia Otten
Dear Mrs. Otten,
Thank you for your inquiry regarding the use of protected works as a graphic designer and possible legal consequences. It is understandable that you are concerned about whether your current approach is in line with copyright law.
First and foremost, it is important to understand that copyright law generally protects works from unauthorized use by third parties. This means that the use of protected works without the author's consent is generally not allowed. However, there are indeed certain exceptions in the copyright law that allow the use of protected works under certain circumstances.
One of these exceptions is the so-called "free use". This is a legal provision that allows for using an already protected work as inspiration and incorporating it into a new work, as long as the new work is original enough and not just a copy of the original work. In the case of free use, it is important that the new work constitutes a personal intellectual creation and not simply a mere copy of the original work.
However, it is important to note that the application of free use must always be examined on a case-by-case basis. There is no blanket rule that states that the use of protected works always falls under free use. It always depends on the specific circumstances of the case.
If you are unsure whether your current approach complies with copyright law, I recommend seeking legal advice. A copyright lawyer can review your designs and provide you with concrete recommendations on how to legally protect them. It may be advisable to enter into licensing agreements with the authors of the protected works or to find alternative sources of inspiration.
I hope that this information was helpful to you. If you have any further questions, please feel free to contact me.
Best regards,
Verena Friedendahl
