Infographic Design Regulatory Frameworks & Compliance 5 — Questions and Answers
Question 1: An infographic is shared via email as part of a promotional newsletter. Which US law governs the email distribution component?
- GDPR
- CAN-SPAM Act (Correct answer)
- FERPA
- COPPA
Correct answer: CAN-SPAM Act
The CAN-SPAM Act regulates commercial email in the US, requiring opt-out mechanisms, honest subject lines, and sender identification.
Question 2: A designer creates an infographic using a trademarked logo from a third-party brand to illustrate a market share comparison. What is the key legal consideration?
- Trademark law prohibits any use of another brand's logo without permission
- Nominative fair use may permit use of the trademark when accurately identifying the brand in context (Correct answer)
- Logos are always protected by patent, not trademark
- Only logos registered after 2010 are legally protected
Correct answer: Nominative fair use may permit use of the trademark when accurately identifying the brand in context
Nominative fair use allows use of a trademark to identify the actual brand when the use is not misleading and doesn't imply endorsement.
Question 3: Which section of the Americans with Disabilities Act (ADA) requires that digital infographics on public-facing websites be accessible?
- Title I — Employment
- Title II and Title III — Public and Commercial Entities (Correct answer)
- Title IV — Telecommunications
- Title V — Miscellaneous Provisions
Correct answer: Title II and Title III — Public and Commercial Entities
ADA Titles II (government) and III (public accommodations including commercial websites) have been interpreted to require digital accessibility including for infographic content.
Question 4: When an infographic includes statistical data sourced from a private research firm, what is the best compliance practice?
- Attribute the source and obtain permission if required by the firm's data use terms (Correct answer)
- Data statistics are facts and can always be republished freely
- Only cite data if it is more than 5 years old
- Paraphrase the data to avoid any licensing obligations
Correct answer: Attribute the source and obtain permission if required by the firm's data use terms
While raw facts are not copyrightable, the research firm's specific dataset, compilation, or presentation may be protected, and their terms of use may restrict republication.
Question 5: A government contractor creates an infographic containing data classified as Controlled Unclassified Information (CUI). What framework governs its handling?
- NIST SP 800-171 and the CUI Program requirements (Correct answer)
- GDPR Article 9 special categories
- FTC Act Section 5
- OSHA Hazard Communication Standard
Correct answer: NIST SP 800-171 and the CUI Program requirements
NIST SP 800-171 provides requirements for protecting CUI in non-federal systems, and the National Archives' CUI Program governs how it must be marked and handled.
Question 6: An infographic designer in California creates a work for a US client. Under which circumstance does California's CCPA apply?
- When the infographic is displayed on a for-profit website that collects personal data from California residents (Correct answer)
- Only when the designer is based in Los Angeles
- When the infographic contains more than 500 words of text
- Only if the client has over $25M in revenue from outside California
Correct answer: When the infographic is displayed on a for-profit website that collects personal data from California residents
CCPA applies to for-profit businesses that collect personal data from California residents and meet one of the law's revenue, data volume, or data sale thresholds.
Question 7: A designer is asked to reproduce an entire copyrighted infographic from a competitor to 'show what not to do' in a training presentation. Is this fair use?
- Yes, because the purpose is educational
- Likely not, because reproducing the entire work weighs heavily against fair use (Correct answer)
- Yes, because infographics are not protected by copyright
- Yes, if the training is for fewer than 50 people
Correct answer: Likely not, because reproducing the entire work weighs heavily against fair use
Reproducing an entire copyrighted work is the factor most damaging to a fair use claim, even in educational contexts, as courts look at how much of the original was taken.
Infographic Design Regulatory Frameworks & Compliance 5
An infographic is shared via email as part of a promotional newsletter.
Which US law governs the email distribution component?