The designer’s copyright work can only be changed by the author themselves or by a third party that obtained the author’s consent. The right of transformation is an exclusive copyright, which means that the author has the right to prohibit or allow interference with his copyright work. If this ownership right of theirs is violated, the consequences for the violators may also be criminal in nature (Article 148 of the Criminal Code (KZ-1) – Infringement of material copyrights). Transformation also includes the re-use of the entire copyright work in another work (e.g. imitation) or even use in which only one part of the original copyright work is used.
On the other hand, unauthorized transformaiton is also an interference with the author’s moral rights to resist any kind of distortion of their work. For this reason, it is absolutely necessary to obtain the author’s (designer’s) permission to change the copyright works in advance, because otherwise, changing or transforming the copyright work, which the author did not allow or subsequently approve, may constitute another criminal offense (Article 147 of the Criminal Code (KZ- 1) – Infringement of moral rights).
In case of transformations of the copyright work by a third party, which would interfere with the concept or appearance of the work, it is advisable that the client undertakes to obtain the author’s prior consent in the contract in order to avoid distortion or improper use of the copyright work.
Of course, on the other hand, from the point of view of the client as a user, it is important to be able to use these design solutions without major complications, where the actual use of the final design solutions (when, for example, the integrated graphic design is used daily with varying content) can also include a transformation, which is legally permitted within the framework of free processing, as the very purpose of this use requires it.