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27 Feb, 2024
Copyright protects artists' intellectual property, which implies that your design cannot be copied or recreated without your consent. On the other hand, clothing is referred to as a "useful object." This implies you can't have the copyright of clothing designs or even the garments, which is why it's difficult to copyright. Nevertheless, certain garment design features, such as logos or other embellishments, can be registered as a copyright. In this post, we will learn the process to copyright literary work on many components of garment designs.
You must register your work with the Registrar of Copyrights. Copyright is a legal privilege granted to the producers of creative works in the fields of literature, theatre, music, and art, among others. Registered copyright protects your work legally and prevents unauthorised use. There were roughly 40000 copyright disputes & discrepancy examinations between 2017 and 2018. To avoid this, you must first grasp the prerequisites for the copyright of clothing design registration as well as the process. We will learn about the many categories of work for which you may receive a copyright, who is eligible to obtain a copyright for a piece of work, what papers you must have when attempting to obtain a copyright and the method involved in the copyright registration process.
In India, copyright can be claimed for original works that fit under the following categories:
It should be noted, however, that copyright does not safeguard titles, names, ideas, concepts, slogans, techniques, or short phrases.
There are techniques for creating protectable features that may be used on garments, shoes, and bags. One of the most typical is embroidering the brand's emblem on garments, luggage, and shoes. Making prints or artwork is another alternative. However, in order to be protected by copyright of clothing design legislation, prints and artwork must be unique and have an artist's distinct style.
For example, making a sunflower print from a Google picture of a sunflower is not enough to be deemed unique artwork. The sunflower design or sketch must have distinct traits that set the artist apart from others.
Designers can also incorporate elements into their items that have an aesthetic function. A characteristic that may be specified independently of the utilitarian function of the product qualifies for copyright protection. As an example, consider a sculptural design on a bag handle. It may be used as both a decorative material and as jewellery.
It all depends on your definition of "fashion designs." A fashion design can refer to a number of different things. It might be a reference to sketching. It might be a characteristic colour, fabric, or other design feature. Let's take a look at the many components of fashion and the nature of its copyright.
Colours are not protected by the Copyright of clothing designs or the garment sector. Copyright is not the way to go if you want to preserve a signature colour or a distinctive colour scheme in your fashion design. This is not to say that you have no choice in protecting your intellectual property. Trademark protection is occasionally possible in certain situations.
Copyright law protects designs on the surface of garments in the same way it safeguards designs on canvas or paper. The United States Supreme Court held in Star Athletica v. Varsity Brands that "two-dimensional patterns appearing on the surface of clothes," including "combinations, positionings, and arrangements" of forms, colours, lines, and so on, are protected by copyright.
Copyright can be utilised to protect "designs imprinted in or on cloth," particularly if the design incorporates a significant degree of creative expression.
Original drawings of your designs are protected by copyright law if you make them. That means, without your permission, no one may reproduce, distribute, publicly display, or otherwise utilise your sketch. In contrast, copyright protects ideas rather than the original form of work. As a consequence, because the protection is based on the drawing component of the design rather than the underlying idea, it does not prohibit others from developing outfits identical to your drawings.
It is well known that Copyright does not protect how design components are cut and assembled. The United States Supreme Court held in Star Athletica v. Varsity Brands that copyright affords "no right to restrict any individual from making garments of similar shape, cut, and measurements." This does not, however, stop you from considering alternative possibilities. A design patent may protect your invention.
In this post, we went over the copyright structure and method for clothing/fashion apparel in depth. We have also highlighted how certain garment or fashion design components can be protected under copyright law, and if they cannot be protected, what alternatives are available in such circumstances. Copyright law does not protect facts or goods that serve a beneficial function. Clothing performs a useful purpose. The basic function of clothing is to protect our bodies.