Is it allowed to use designs created by other creatives?
May 28, 2024 | 40,00 EUR | answered by Sandra Altmann
Dear Copyright Lawyer,
I am reaching out to you with a question that has been bothering me for some time now. I am a passionate designer and I have a small online boutique where I sell my own designs. Recently, I came across a design from another creative that I really like and that would fit perfectly with my collection. I am now wondering if it is allowed to use this design to create and sell my products.
The current situation is that I have not used the design yet, as I am unsure if I would be infringing on any copyrights by doing so. My concerns mainly lie in the fact that I do not know if I am allowed to use the design without the creator's consent and what legal consequences could arise if I were to use it anyway.
My question to you as an expert in copyright law is therefore: Is it allowed to use designs from other creatives to create and sell my own products? If not, what legal steps would I have to take in order to still be able to use the design? Are there possibly alternative solutions to create similar designs that do not violate copyrights?
I thank you in advance for your help and support with this question, which is of great importance to me as a designer.
Sincerely,
Tobias Schneider
Dear Mr. Schneider,
Thank you for your inquiry regarding the use of foreign designs for your products in your online boutique. I understand that this question is causing you concern and that it is important for you to be legally on the safe side.
In principle, designs created by other creatives are protected by copyright. This means that the author has the exclusive right to reproduce, distribute, and modify his design. Without the author's permission, it would not be allowed to use his design to create and sell your products.
If you still want to use the design, you could try to obtain the author's consent. This could be done, for example, in the form of a licensing agreement that specifies the conditions under which you may use the design. It is important that this agreement is documented in writing to avoid misunderstandings.
However, if the author is not willing to grant you permission, you would have to find alternative solutions. One possibility would be to create similar designs that sufficiently differ from the foreign design to avoid copyright infringement. It is important that the similarity is not so great that there is a risk of confusion.
It is also advisable to seek legal advice before using foreign designs to ensure that you do not infringe on any copyright. As a designer, it is important to respect the rights of other creatives and to adhere to copyright law.
I hope this information helps you and answers your question. If you need further assistance or have any more questions, please feel free to contact me.
Sincerely,
Sandra Altmann
Copyright Lawyer
