Decal, Sticker type materials..............

← Return to forum

  • Hi everyone. My first visit here, ever. I am asking for any input for protection for a project I am doing. What I am doing is really not much more than a common bumper sticker or decal. What is unique is the wording and positioning of the words. The subject is perfectly legal, but will likely be extremely controversial, though disrespectful to no one. I think it will take off with sales, but I need to know if I can "own" such a property, or must copyright it, or what about postal copyrighting. Any and all input will be appreciated. Thanks, Ron
  • Well, if it's your own original work, it's copyrighted the moment you "fix it in a tangible format." If you're thinking about placing your design on someplace like CafePress or Zazzle, you might want to look at their own FAQs on what you can list and what you can do if you think someone else has stolen your design. I've had good luck with them and no problems with anyone copying my designs, as far as I can tell. I'm not familiar with the term "postal copyrighting" -- anyone else know what that is?
  • "Postal copyright" refers to the practice of mailing oneself a copy of one's own work in a sealed envelope. The idea is that by leaving the envelope unopened one establishes dated proof of original authorship. It never had any impact on copyright protection, and its value as evidence of the date of creation is doubtful. Such evidence would only be useful in a very specific set of circumstances which actually hardly ever arise.
  • Another thing to keep in mind is that words and short phrases are not copyrightable, so it's possible that you may not be able to protect the text. That said, if there is sufficient creativity, the presentation of the whole, with artwork, layout, etc., may be protectable. For more information, see the US Copyright Office's Circular 34: http://www.copyright.gov/circs/circ34.pdf.
  • Thanks guys for all the thoughts and info. I am still researching and not sure what I should do. My words are all very common, but I have never seen them in the exact text as I will use. And yes, it will just be a phrase with a very specific, though simple layout design. How about registering the entire sticker as a trademark? Thanks again, and I am still open to any opinions. Ron
  • You could certainly consider trademark registration. Generally you have to be using a trademark "in commerce" before it can be registered, but there is provision for an "intent to use" registration. You can get lots of information at http://www.uspto.gov/web/trademarks/workflow/start.htm

Posting to the forum is only available to users who are logged in.

← Return to forum