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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:

  • Satisfying the requirement for bringing an infringement suit for a work originating in the U.S. (with certain exceptions).
  • Enhancing your legal position in an infringement lawsuit, such as qualifying for an award of statutory damages (damages payable even if actual damages can’t be proved); creating a legally advantageous “presumption of validity”; qualifying for a shift in payment of attorney fees to the infringer.
  • Making a publicly searchable record of your copyright ownership, which may discourage infringement and encourage licensing of your designs by third parties.
  • Adding value to your business, in the form of identifiable, verifiable assets.
How to register

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)


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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.
I'm looking at starting an internet buisness so is there different laws for each counrty, as i would potenialy be serving a wide variety of countries, with my designs.
Also if i was to by clothes from a wholesaler, is it legally ok to then put my label on the clothes, or do i have to have them made from scratch.




May 31, 2008
In response to: Can I copyright my clothing designs?
tom commented:

hi,

i am selling liverpool childrens kits from thailand on ebay. The designs are based on the adidas design for the liverpool kit but are not the same material and also do not carry any of the adidas branding.

I have had a letter from adidas saying i can not sell the items because they own the design for the kit and the one i was selling was very similar to breach there copyright.

Having read above at your article it seems they are not within there rights to do this? Am i correct?




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?
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October 19, 2008
In response to: Can I copyright my clothing designs?
hadola commented:

hey there,
I came up with the design for my wedding dress, and I gave it to a company to make it for me. I was wondering can I name and copyright the dress under my name?




June 17, 2009
In response to: Can I copyright my clothing designs?
fabs commented:

Hello,
I would like to buy ed hardy products from china which they sell from the net,(replica;s) am I allowed to sell the products for 1/3rd of the price at the markets. Is it legal and do I need a special license to sell? Can you please guide me to the correct way.




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:

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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
In response to: Can I copyright my clothing designs?
buyvigrx commented:

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October 11, 2009
In response to: Can I copyright my clothing designs?
ebuyb2b commented:

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October 14, 2009
In response to: Can I copyright my clothing designs?
ebyb2b commented:

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October 18, 2009
In response to: Can I copyright my clothing designs?
shoeskey commented:

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January 21, 2010
In response to: Can I copyright my clothing designs?
ridwanzero commented:

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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
in my case is a lingerie


aybar66@hotmail.com




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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