Four Simple Ways to Avoid Lawsuits Over Graphic Art

If you are working for someone concerned about avoiding disputes, here are four ways to stay out of trouble.

Don't use infringing artwork.

It may seem axiomatic, but it's worth repeating: Don't take someone else's work. For example, don't use a copyrighted picture from a newspaper without permission -- your client might have to stop using your work or worse, pay a financial settlement.

Get permission or releases from people appearing in your art.

Keep in mind that under most state laws, a person can prevent the use of his or her image when it is used for commercial purposes.

Avoid objectionable art.

Objectionable artwork (or titles) can often cause problems and delays for clients, especially if they are used as cover art or as part of the packaging. Under the Supreme Court's standards, each community is permitted to establish its own standards of decency within Constitutional guidelines.

Don't mess with someone else's trademark.

If your artwork confuses consumers into thinking they're buying another company's products, your artwork may infringe other companies' trademarks or trade dress (elements besides names and logos that signify a company).

Also, avoid making fun of a famous trademark -- that could trigger a claim for trademark "dilution."