Why should I care about the legal & ethical obligations I have as a designer?

So, why should you care? Well, first off, understanding these rules isn't just about avoiding drama (though that's definitely a perk). It's about levelling up your design game. No cap, knowing your legal and ethical stuff makes you a better, more responsible designer. It's like having a superpower that helps you create work that's not just fire 🔥 but also legit and meaningful.

Think about it: In a world where cancel culture is always lurking, and one wrong move can have your work dragged all over social media, wouldn't you rather be the designer who's always on point? The one who respects cultures, avoids copyright fails, and creates content that's inclusive AF? That's the kind of designer who gets the hype – and the jobs.

Plus, let's be honest, adulting in the design world means dealing with clients, contracts, and maybe even your own business someday. Knowing your legal and ethical obligations is like having a cheat code for navigating all that grown-up stuff.

Here's a quick analogy to put it in perspective: Imagine you're a DJ at the hottest club in town. Your design skills? They're your sick beats and mixing talents. But your legal and ethical know-how? That's your ability to read the room, choose the right tracks for the crowd, and keep the party going without getting shut down. You might be able to drop beats, but without understanding the vibe and rules of the club, you're just making noise. The best DJs – like the best designers – know how to make amazing content while keeping everything smooth and above board.

Legal Obligations

• Copyright: Protects original creative works

• Trademarks: Protect brand identities

• Patents: Protect inventions and innovations

Below are the legal acts and laws that apply to the field of design in Australia. They are referred to in cases of breaches of copyrights, patents, and use of Intellectual Property in Australia. 

• Designs Act 2003 (Cth): The Designs Act 2003 is a crucial piece of legislation for designers in Australia. It provides a system for registering and protecting the visual appearance of products.

• Copyright Act 1968 (Cth): Protects original works and gives creators exclusive rights.

• Patents Act 1990 (Cth):  Protects new inventions and innovations. Standard patents have 20 years of protection.  Inventions must be novel, involve an inventive step, and have industrial applicability.

• Trade Marks Act 1995 (Cth): Protects registered trademarks and logos.

• Australian Consumer Law (ACL): Prohibits misleading or deceptive conduct in advertising and design.

• Privacy Act 1988 (Cth): Regulates the handling of personal information.

It's important to note that legal frameworks are rapidly evolving to keep pace with technological advancements and the rise of AI in design. Designers must stay informed about emerging regulations, particularly in areas like AI-generated content and data privacy.

Ethical Obligations

Target Audience Considerations:

• Age-appropriate content

• Cultural sensitivity

• Accessibility for diverse users

• Data privacy 

Cultural Knowledge and Aboriginal Protocols:

• Respect for Indigenous cultural IP

• Proper consultation and permission for use of Indigenous designs or stories

• Acknowledgment of Country in relevant works

Professional Standards:

• Workplace: Adhering to company values and ethical guidelines

• Clients: Maintaining confidentiality and delivering on agreed terms

• Professional Bodies: Following codes of conduct (e.g., Australian Graphic Design Association's Code of Ethics)

What does this mean for me?

How can you follow your legal and ethical obligations as a student designer?

Research: Thoroughly investigate legal and ethical considerations for each project as well as the topic. Ensure you keep a record of all the sources you access and use in your research. 

Documentation: Maintain records of permissions, licenses, and consultations. 

Reflection: Incorporate ethical considerations into the design process and final evaluations. Set yourself specific constraints, as appropriate, to ensure your designs meet your obligations. 

Peer Review: Engage in ethical discussions with classmates & teachers and seek feedback.

Real-world Application: Develop case studies or scenarios to practice ethical decision-making.

Trademark and Copyright Legal Obligations

Designers must be aware of trademark and copyright laws when using the work of others. They should seek appropriate permissions and give credit to original creators.

Example: Ensuring that all images, icons, and fonts used in a design project are either original creations, properly licensed, or appropriately attributed to the copyright holders.