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Can I copyright my clothing designs?July 13, 2007 You can’t copyright your clothing designs themselves, but you can copyright certain of the design elements of your clothing. The distinction between the clothing itself and such design elements has to do with some basic principles of copyright law.Useful articles Copyright extends to original, non-useful works of authorship, fixed in a tangible medium of expression. “Non-useful” means that you cannot obtain a copyright on a work that has a functional purpose. The so-called “useful article” doctrine is a barrier to copyrighting clothing designs, because clothing is considered to be “inherently functional.” But certain elements of clothing designs can be copyrighted. The design embossed or imprinted on textiles or fabrics—as opposed to the style, shape, or pattern of the finished garment—may be entitled to copyright protection. This means that designs or elements of a fashion may be copyrightable to the extent that the element can be conceptually or physically separated from the utilitarian nature of the article. The logo, not the t-shirt Here’s a simple example: a logo applied to an item of clothing can receive copyright protection as a work of visual art. Thus, if you are marketing t-shirts screen printed with your original artwork, you can copyright the artwork, but not the design of the t-shirt itself. That is true even if the t-shirt is your unique, original design. You can also obtain copyright protection for a fabric design if it meets the requirement of originality. Copyright can extend to other “separable aesthetic and non-utilitarian aspects” of clothing or fabric. For example, copyright protection has been given to an ornate belt buckle design. Should I copyright my logos and fabric designs? First, understand that you have a protectible copyright in your designs at the moment of creation, that is, when your design is “fixed in a tangible medium of expression,” such as a drawing on paper, or a design saved to a computer file. You may wish to obtain copyright registrations for your designs, however, in order to gain certain advantages under federal law. These include:
A completed Form VA, payment of the filing fee (currently $45) and “identifying material” must be submitted to the U.S. Copyright Office for review. The requirements for a deposit of “identifying material” are available in Copyright Office Circular 40a. Keep your eye on this space At the urging of the fashion design industry concerned about low-cost “knock-offs” of high-end fashion designs, Congress is considering the enactment of legislation that would extend copyright protection to fashion designs, with a limited three-year period of protection. H.R. 2033, the “Design Piracy Protection Act.” You can read about the proposed legislation in this Congressional Report. Similar legislation has failed in the past, however. Posted by Jeff Neuburger on July 13, 2007 | Comments (25)
April 2, 2008
In response to: Can I copyright my clothing designs? tyrone commented: i need more infomation on this to serve a better understanding
April 20, 2008
In response to: Can I copyright my clothing designs? Nan commented: Should I copyright the name & designs that I would use to make shirts? What do I have to do?
May 30, 2008
In response to: Can I copyright my clothing designs? Elyse commented: Is this U.S law only, as i'm from Australia.
May 31, 2008
In response to: Can I copyright my clothing designs? tom commented: hi,
June 10, 2008
In response to: Can I copyright my clothing designs? jeansjeans commented: thanks
July 4, 2008
In response to: Can I copyright my clothing designs? Lucia Turner commented: Hi, I want to import clothes from thailand and sell them in my ebay shop/website. I wanted to put my own label in the clothes, since they are not made with labels. Is this legal?
August 9, 2008
In response to: Can I copyright my clothing designs? Ed Hardy commented: Hi.....I have shopped through www.raininghollywood.com and its the best shopping experience. There are wide varieties of Ed Hardy shirts, NIKE shoes and a lot more. And you get this with no shipping charges.
September 18, 2008
In response to: Can I copyright my clothing designs? funnystyler commented: www.FunnyStyler.com ----- FSAS Racing T-shirt Jacket Free Shipping
October 19, 2008
In response to: Can I copyright my clothing designs? hadola commented: hey there,
June 17, 2009
In response to: Can I copyright my clothing designs? fabs commented: Hello,
July 27, 2009
In response to: Can I copyright my clothing designs? online coupons for groceries commented: Thanks much for that nice entry.
July 30, 2009
In response to: Can I copyright my clothing designs? Angela commented: I would like to know if I can copyright my clothing design I would like to market
September 23, 2009
In response to: Can I copyright my clothing designs? yu commented: www.lovintech.com
September 25, 2009
In response to: Can I copyright my clothing designs? ebuyb2b commented: %comment.compliant(html,br);
September 29, 2009
In response to: Can I copyright my clothing designs? Jezzy1990 commented: i'm looking at stating my own clothing business and need to know if it would be a good idea to copyright my clothing designs. i have drawn many clothing designs from dresses to shoes to swim wear. should i copyright my designs???
October 2, 2009
In response to: Can I copyright my clothing designs? sorsco commented: We have a unique clothing design idea in sweatshirts. We also have a great name for this design. Upon reading your introduction it looks like we cannot register our design style. How do we protect ourselves when giving our concept to a manufacturing company?
October 3, 2009
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October 11, 2009
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October 14, 2009
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October 18, 2009
In response to: Can I copyright my clothing designs? shoeskey commented: we are wholesale Nike shoes,AF1 shoes,Jordan shoes,clothes,jeans,handbags,sunglasses,boots,women shoes,watches,cap,etc.
January 21, 2010
In response to: Can I copyright my clothing designs? ridwanzero commented: Affiliate Marketing is a performance based sales technique used by companies to expand their reach into the internet at low costs. This commission based program allows affiliate marketers to place ads on their websites or other advertising efforts such as email distribution in exchange for payment of a small commission when a sale results.
January 29, 2010
In response to: Can I copyright my clothing designs? sexyme commented: just for fun i love creating stuff to wear even when i was young i made my own logo how can i take this to the next level HELP PLEASE!!!!!!!!!!!!!!!!!
February 12, 2010
In response to: Can I copyright my clothing designs? brenda commented: can I change the label of the designers clothes for my logo label
February 24, 2010
In response to: Can I copyright my clothing designs? Claire commented: Can I alter a premade brand garment and re sell it as my own label?
March 3, 2010
In response to: Can I copyright my clothing designs? Andrea Schmalz commented: How do you find out if a clothing design is restricted. I want to duplicate a ladies yoga pant that has a huge flower on the one side of the leg for kids, can I do this? It is not a logo or anything, just a picture of a large flower on the leg?
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