Research wall coatings before installation.

The coating of a wall can significantly affect the ability of vinyl film to adhere to it. Flat or matte paints, for example, are more difficult for adhesives to stick to than semi-gloss or gloss paints. Low- or no-VOC paints are also notoriously difficult to work with, as are “easy clean” coatings and paints with migratory agents like chlorinated wax or silicone. Walls coated with these paints will require a more aggressive adhesive than others. Be sure you find out when surfaces were last painted and how long their coating needs to fully cure before attempting any graphic installation.

Consider your environment.

Think about how the environment around your wall graphic might affect its lifetime performance. Will it be exposed to UV rays? Will there be humidity or other moisture exposure? Will there likely be chemical exposure or abrasion? All these factors can affect a graphic’s longevity and should be accounted for when selecting films and adhesives, as well as overlaminates in certain applications. Regardless of product choice, before you install your graphic, always apply test strips to ensure your graphic media performs as expected.

Never skip steps when it comes to prep.

Once a wall is deemed fit for adhesion, it should be cleaned. Wipe down walls with a 70:30 mix of isopropyl alcohol and water sprayed on a lint-free cloth, working from top down to remove dust and residue. Then position the graphic in place with painter’s tape and use a level to make sure everything is properly aligned. Ensuring proper placement before liner removal makes adjustments prior to final application much easier. You generally won’t need premask/transfer tape in wall applications, but if you do, use a low-tack option.

Avoid installation shortcuts.

Pay close attention to manufacturer’s installation directions to avoid headaches. For example, Avery Dennison recommends a ½” minimum overlap on wall mural panels (¾”–1” minimum for textured vinyl), as vinyl can shrink over time. You should also trim back 1/8”–¼” from openings to avoid edge lift from incidental contact. Squeegee strokes should be made by pushing, not pulling, at 45-degree angles with firm pressure to minimize stretch. Always use a “hinge method” to install each panel, adhering a portion of the vinyl to the wall before removing the rest of the liner for easier repositioning. These are just a few of the many tips you will find in manufacturers’ instructional bulletins for wall graphic installations.

Thinking through your application up front is just as important as perfecting the cutting and securing of vinyl on a wall. If you are ever in doubt of how to proceed on a project, don’t hesitate to call your graphic product supplier—they should be happy to help.

Time to break the bad news on copyright and trademark

You start to explain to them why they can’t use an image off of the internet in that way, for reasons explainable by an attorney specializing in copyright law, like Alex Johnson of Hamilton IP Law, PC, in Davenport, Iowa. Hamilton IP Law is a “boutique intellectual property law firm” specializing in patents, trademarks, copyrights and other related intellectual properties. As Johnson explains, a common misconception that people have is that simply making some changes to an existing image will mitigate the issue of copyright infringement. However, that is not how the law looks at the use of images from the internet, and understanding the legal issue of copyright infringement is quite complex.

“Not only is each image protected by copyright law, but the image could also be subject to trademark law, too,” Johnson says. If the original is someone’s business trademark, there may be visual elements including colors, fonts as well as wording that are part of that company’s brand. In that case, he says, the consequences of the illegal use of the image could run afoul of trademark law for likelihood of confusion (a topic beyond this article) on top of the potential copyright infringement like the kind you were wary of when this couple showed you the original image.

Substantially similar

“But look, the text is different, the shape is a lot different and the colors are totally different,” your couple pleads. They really feel it has been altered enough to be different, but as Johnson explains, it’s a contextual analysis that is very difficult to determine. As a general rule, merely changing a couple of aspects to that image is likely not enough; unfortunately, and as is often the case, the answer is that “It depends,” and it just is not a good idea. If the image, even after making changes, is found to be “substantially similar,” then it is likely to infringe the original image’s copyright.

So you explain to them that the question is difficult to answer, and rarely worth the risk of using an image that was not your original design, especially to be the face of their business.

Even though you only have a little familiarity with copyrights, you know that there is a simple rule that you can safely recommend to this couple: if you made it from scratch yourself, and did not merely re-draw preexisting ideas you saw elsewhere, you have done what you can to avoid copyright infringement (but as we all know, someone might still find a reason to sue).

Johnson recommends a rule of thumb to follow when it comes to creating a logo for your business: create a unique image from scratch. If hiring a designer, have a written agreement where the artist represents and warrants that it’s an original and that you own it. He also says that if you’re going to use an image you have found, you need to be sure you can verify the owner of the copyright and purchase a license or assignment from them before adopting it.

Johnson added that this goes for everything and anything found on the internet, and that most people don’t understand that ownership and copyright of an original image is automatically given to the person who created it, without the need for paperwork, filings or legalities. That being said, considering the thousands of images available online, it’s easy to see just how difficult it can be to create a truly original design, but the results are worth the efforts. As Johnson advises to his clients, from a foundational basic business perspective, having your branding be based off the image of someone else makes your brand subject to the impression that company has–and impressions change, so it’s best to control your own image and make your brand an original. Why would you want to be a knock off?

How does one use the images from the internet?

Inspiration only. That’s exactly what you use the internet images for, inspiration. It’s not about copying the way the fonts interlock or what the mountain graphic looks like, or even the layout of those visuals. In researching the Web for ideas, you are paying close attention to the visual emotional triggers that make some logos inspirational and others not at all. Professional designers know how to create the right feeling through the use of flow, shape and the arrangement of original images and designs.

Working with someone who understands how copyright law affects all aspects of logo design and the consequences of using a copied image for signage is probably the most important reason for your customers to use a professional in the sign business. It is also why it is important to consult with legal counsel. Knowing the trigger and what to look for is key in the sign industry.

So how do you help your customers who run into possible legal issues?

Contact a copyright and trademark attorney like Alex or the other intellectual property attorneys at Hamilton IP Law, PC at www.hamiltoniplaw.com or 563-441-0207.

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Learn about MUTOH wide format printers: www.mutoh.com

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