Infographic Design Regulatory Frameworks & Compliance 4 — Questions and Answers
Question 1: An infographic is created for an educational nonprofit and uses copyrighted images. Which doctrine might legally protect this use without a license?
- First Sale Doctrine
- Fair Use Doctrine (Correct answer)
- Safe Harbor Doctrine
- Work for Hire Doctrine
Correct answer: Fair Use Doctrine
Fair Use may permit limited use of copyrighted material for educational, nonprofit, commentary, or transformative purposes without a license.
Question 2: A company publishes an infographic containing survey data from 500 respondents. What compliance obligation exists regarding data collection methodology?
- Respondents must have been compensated financially
- Respondents must have provided informed consent for data collection and potential publication (Correct answer)
- Data can only be collected from respondents over age 30
- The survey must be registered with the US Census Bureau
Correct answer: Respondents must have provided informed consent for data collection and potential publication
Ethical and legal data collection requires informed consent, specifying how respondents' data will be used including in published materials.
Question 3: Under COPPA, what is a designer's responsibility when creating an infographic for a website that targets children under 13?
- Use only primary colors in the design
- Ensure no personal data is collected from visitors without verifiable parental consent (Correct answer)
- Include a mandatory parental advisory label
- Limit text to a 3rd-grade reading level
Correct answer: Ensure no personal data is collected from visitors without verifiable parental consent
COPPA requires verifiable parental consent before collecting personal information from children under 13 on websites directed to them.
Question 4: A designer creates an infographic for a client under a 'work for hire' agreement. Who holds the copyright?
- The designer, because they created the work
- The client, because the work was created within the scope of the agreement (Correct answer)
- Both parties share copyright equally
- Copyright automatically enters the public domain
Correct answer: The client, because the work was created within the scope of the agreement
Under US copyright law, a work made for hire assigns copyright to the employer or commissioning party, not the creator.
Question 5: Which accessibility standard governs the minimum color contrast ratio for text overlaid on infographic backgrounds to meet WCAG AA compliance?
- 2:1 for normal text
- 3:1 for large text and 4.5:1 for normal text (Correct answer)
- 4.5:1 for all text regardless of size
- 7:1 for all text regardless of size
Correct answer: 3:1 for large text and 4.5:1 for normal text
WCAG 2.1 Level AA requires a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text (18pt or 14pt bold).
Question 6: If an infographic contains a map that was digitized from a proprietary atlas, what intellectual property issue arises?
- Maps are always in the public domain because they depict geography
- The map's creative expression may be copyrighted even if the underlying geography is not (Correct answer)
- Only hand-drawn maps are protected by copyright
- Geographic data is protected by patent, not copyright
Correct answer: The map's creative expression may be copyrighted even if the underlying geography is not
While geographic facts are not copyrightable, the creative expression in a map's design, selection, and arrangement can be protected.
Question 7: A marketing team wants to include real customer names and photos in an infographic testimonial. What legal document is essential?
- A non-disclosure agreement (NDA)
- A model release and written consent form (Correct answer)
- A trademark licensing agreement
- A terms of service update notification
Correct answer: A model release and written consent form
A model release (or likeness release) grants permission to use a person's name, image, or likeness in commercial or promotional materials.
Infographic Design Regulatory Frameworks & Compliance 4
An infographic is created for an educational nonprofit and uses copyrighted images.
Which doctrine might legally protect this use without a license?