Key question
Who owns design?
Those who design create works that may be legally protected. What the client is permitted to do with them is governed by usage rights. Clear agreements prevent disputes.
Learning objective: You can explain the basic concepts of copyright and usage rights, and formulate a simple rights clause. This module does not replace legal advice.
Clear agreements prevent future disputes.
5.1 / Copyright
The work belongs to the person who created it.
In Switzerland, the Copyright Act (CopA) protects intellectual creations of an individual character, without requiring registration. Copyright exists automatically from the moment of creation.
As a rule, the client does not acquire the copyright itself, but rather usage rights. For employees, specific terms in their employment contract often apply.
The work is created protected.
5.2 / Rights of use
What, where, how long, exclusive?
Usage rights define how the client may use a work:
01
Media
In which media may the work be used?
02
Area
In which area?
03
Duration
How long?
04
Exclusivity and Processing
May the work be offered to others or modified?
The more extensive the rights, the higher the remuneration should be. Vague phrasing such as 'all rights' often leads to misunderstandings.
Describe rights precisely; do not assign them across the board.
5.3 / Third-Party Content and Contracts
What you haven't made yourself, you need permission to use.
Photos, fonts, illustrations and music created by others are also protected. Fonts require a suitable licence, stock images need the correct usage rights, and people appearing in photos must give their consent.
A simple written contract or a confirmed quotation sets out services, deadlines, price, and rights. For larger projects, it is worth seeking advice, for example via a professional association. For employment contracts, see Chapter 02.
What you haven't made yourself, you need to licence.
Exercise
Agree on rights
Task: Draft the rights clause for a project.
STEP 1
Clarify where and for how long the design will be used.
STEP 2
Compile the permissions using the tool.
STEP 3
Check all third-party content: fonts, images, people.
STEP 4
Add the clause from chapter 04 to your quotation.
Evaluation: Which permissions does the customer really need, and which does she not?