- August 8, 2005 @ 9:51amearthiansML says:i know that when one company creates a look, it is eventually adopted and recreated generically by other companies. what are the specifications around copyrighting apparel? is it even possible? and if so how specific must you be,and where can i find a way to do this???
- August 10, 2005 @ 7:56amslschelp says:My initial reaction is that apparel does not comply with any of the eight categories currently eligible for copyright protection (literary works, musical works, dramatic works, pantomimes/choreographic works, pictorial/graphic/sculptural works, motion pictures/audiovisual works, sound recordings, and architectural works). However, the tangible depiction of the apparel might be copyrightable under proper circumstances. Also, a logo representing the entity producing the apparel could possibly be trademarked. It is even possible that some original idea/process/invention incorporated in the apparel could be patented. I am not a lawyer, and I do wonder if the copyrighting of apparel has been tested in the courts. It would be interesting to hear the comments of others regarding this issue. In any event, I would think that you could find pertinent information at www.copyright.gov.
- August 11, 2005 @ 1:28pmCOvalle says:Search for "fashion" and "copyright" and you'll find some interesting articles about how the fashion world has treated IP.
Fashion is not explicitly covered by statute, although some elements of fasion, such as patterns, would be appeared to be covered by copyright, and sewing patterns are noted in the US gov's copyright FAQ.
Fashion, apparently, is usually protected by trademark and licensing.
- August 26, 2005 @ 12:19pmCarrie says:My knowledge on this particular posting is minimal. I think that if you can "conceptually separate" the copyrightable portion of the work from the functional portion of the work, you may be able to claim copyright.
I'm thinking of a court case where a belt buckle was the concern. Is it just a belt buckle (a functional thing) or is it a piece of jewelry too - an original creative design? The court said the buckle could be protected by copyright.
I don't know about any related cases, this is just one I remember hearing about. And obviously I don't know much about it either.
If you want to protect some icon or logo, then trademark is the way to go.
You can register a trademark with the Patent and Trademark Office. I think their web site is www.uspto.gov
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