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Who owns the © to your design?



 
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Old August 8th, 2006 Aug 8, 2006 12:19:18 PM -   #1 (permalink)
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Question Who owns the © to your design?

I was about to send a file to the screenprinter, when I realized I forgot to add a lil' © notice at the bottom of the design, like everybody does.

But now I got stuck...

do I put
© MyCompanyName, 2006
or
© MyName, 2006

I would preffer to put "© MyCompanyName, 2006" since it looks more proffesional, but I'm not sure if I have to do something legal before claiming a © as a company name instead of my real name...or if it has any legal repercussions like...if someone steals my design and I can't do anything about it cuz my design claimed it was copyrighted to "MyCompanyName" and not to MY real name... you get what I mean??

I guess the Cliff's Note version of this long question could be:
I just trademarked my company name, can I use it as my pseudonym or something for the © notice?
 
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Old August 8th, 2006 Aug 8, 2006 12:46:37 PM -   #2 (permalink)
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Default Re: Who owns the © to your design?

Quote:
I realized I forgot to add a lil' © notice at the bottom of the design, like everybody does.
Actually, not everyone puts a c notice at the bottom of their designs

Copyright happens at the time the work is created. Adding a circle c doesn't offer you any legal protection.

Quote:
or if it has any legal repercussions like...if someone steals my design and I can't do anything about it cuz my design claimed it was copyrighted to "MyCompanyName" and not to MY real name
Generally speaking, you can't get any legal damages unless your copyright is officially registered with the copyright office. In that case, the copyright you put on your designs should match whatever you registered with the copyright office.

Quote:
I just trademarked my company name, can I use it as my pseudonym or something for the © notice?
If you have your business officially registered and trademarked, then I don't see any problem with using your business name in the copyright notice.

It won't offer you any real legal protection, but it might help deter some people from taking the design. It can also help let others know where to get the design if they see someone else with it.
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Old August 9th, 2006 Aug 9, 2006 1:22:23 AM -   #3 (permalink)
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Default Re: Who owns the © to your design?

I think stickng a © at the bottom of designs submitted to a reputable printer smacks of ameturishness to be honest, trying to look like a big guy.

It's like those people who took a Writer's Workshop correspondence course, and put © All Rights Reserved First National Publication, Jonny Smithe-Trelawney at the bottom of every page, as if their verbose novel "A Theif [sic] In The Night" was worth anything but for burning.

Sorry...just one of my pet peeves....no ©!
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Old August 9th, 2006 Aug 9, 2006 4:06:07 AM -   #4 (permalink)
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Default Re: Who owns the © to your design?

Monkeylantern

I take your point re Tshirt designs, but there really is a reason that it is legally recommended for writers in Australia to put the © on their work next to their name, followed by the year, and underneath "All rights reserved". Same for music. Why? Because in Australia- unlike the States, say - there is not the same legal requirement to register original works with a copyright office;all that is required is to put that little © etc! In fact, in Australia, the mere act of creating an original work is all that is required for that work to be considered copyright for all legal purposes, but the © stuff is recommended simply as a means of clarification that the piece is original.
 
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Old August 9th, 2006 Aug 9, 2006 4:55:32 AM -   #5 (permalink)
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Default Re: Who owns the © to your design?

Quote:
Originally Posted by monkeylantern
I think stickng a © at the bottom of designs submitted to a reputable printer smacks of ameturishness to be honest, trying to look like a big guy.
I do agree you could potentially offend your printer that way. Most probably wouldn't notice/care, but some may think you were questioning their professionalism.
 
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Old August 9th, 2006 Aug 9, 2006 5:01:23 AM -   #6 (permalink)
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Default Re: Who owns the © to your design?

Quote:
Originally Posted by Ross B
Because in Australia- unlike the States, say - there is not the same legal requirement to register original works with a copyright office;all that is required is to put that little © etc! In fact, in Australia, the mere act of creating an original work is all that is required for that work to be considered copyright for all legal purposes
It's the same in the US (it wasn't for a long time, but I think that changed in around '88).

The difference isn't that we don't have to register it, so much as that we can't. Neither country requires it to be protected (just to be financially compensated). In the US the requirement to register before you can claim damages is a pain, but on the plus side you can register the work, making it easy to prove ownership.

Copyright coming into effect from the moment of creation (and without notification) is one of the things internationally agreed upon though, so it's the same in most of the world.
 
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Old August 9th, 2006 Aug 9, 2006 5:05:27 AM -   #7 (permalink)
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Default Re: Who owns the © to your design?

Quote:
Originally Posted by 3leches
I would preffer to put "© MyCompanyName, 2006" since it looks more proffesional, but I'm not sure if I have to do something legal before claiming a © as a company name instead of my real name...
I'm not sure either.

Quote:
Originally Posted by 3leches
or if it has any legal repercussions like...
I'm pretty sure it does. Copyright law affects individuals and companies differently, so intellectual property owned by a company would be legally different to that owned by an individual. Or so I seem to recall reading. I understand that this is suitably vague (and therefore non-helpful) but I am mentioning it because I think it is something worth looking into further before you make a decision.
 
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Old August 9th, 2006 Aug 9, 2006 8:29:25 AM -   #8 (permalink)
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Default Re: Who owns the © to your design?

I buy a lot of screen printed stock designs and on almost all of them there's a copyright notice. I don't understand why that would be a problem to the printer.

Just my 2-cents
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Old August 9th, 2006 Aug 9, 2006 11:52:37 AM -   #9 (permalink)
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Default Re: Who owns the © to your design?

I don't see how a printer would care at all about a circle C next to a design.

What do they care what the design contains? I hope they wouldn't take that part of their job so seriously. As a circle C on a design is no reflection of their work. The circle C would still be there if the person sent it to a different printer.

I don't think the original poster's question was about protecting themselves from the printer (they just wanted to make sure the artwork was right before they sent the final file to the printer). The question was more about the wording of the copyright notice and how it should read.
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Old August 9th, 2006 Aug 9, 2006 3:01:50 PM -   #10 (permalink)
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Talking Re: Who owns the © to your design?

Quote:
Originally Posted by monkeylantern
I think stickng a © at the bottom of designs submitted to a reputable printer smacks of ameturishness to be honest, trying to look like a big guy.
No, I dont mean this as a way to "protect myself against the printer!"
I mean it as a way to let EVERYBODY know that the design is © to..someone.

My question is, like Rodney said,
if your "studio" (which in reality s just you) is called "Monkey Designs"
and your real name is Mark Waters,
when you sell your shirts, it will look more proffesional if it says
"© Monkey Designs,2006"
instead of "© Mark Waters,2006"
cuz people sometimes assume that if it comes from a single person, its probably "cheap".

This also helps you build up a strong brand presence, since you are associating your company name with your designs.

Not to mention,in a whole other different circumstance,
if some people dont like what you sell, you dont want to give everybody your whole real name XD

I hope I am not misunderstood.
I just want to know if I can legally use my company name as my pseudonym, especially if I trademarked my company name
 
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Old August 9th, 2006 Aug 9, 2006 5:40:32 PM -   #11 (permalink)
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Default Re: Who owns the © to your design?

Yes, it's OK to use your company name in the copyright. Probably a very good idea to use your company name instead of your personal name (for the reasons you listed and more)
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Old August 9th, 2006 Aug 9, 2006 6:43:07 PM -   #12 (permalink)
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Default Re: Who owns the © to your design?

I'd urge you to do some research first though, as I believe there are consequences.
 
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Old August 9th, 2006 Aug 9, 2006 6:52:22 PM -   #13 (permalink)
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Default Re: Who owns the © to your design?

Im totaly lost here folks, what are we talking about ?

the little (c) is just an alert... dont even think about it type thing.
if anything, date it and sign it, like on the old transfers. But heck, your design IS your signature, really.....
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Old August 10th, 2006 Aug 10, 2006 10:37:11 AM -   #14 (permalink)
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Default Re: Who owns the © to your design?

Agreed, Lucy. It's hardly an issue of any real significance - or likely to be 98% of the time.

Re Solmu's statement regarding the situation in Australia: "The difference isn't that we don't have to register it, so much as that we can't."

No, this is not correct. The difference is that there is no legal imperative whatever in Oz to register copyright, whereas in the States there is - certainly in the case of screenplays, for example. For the sake of other Aussies watching on who may be interested in getting the facts, it is also incorrect that "we can't" [register copyright] in Aust. I am a member of APRA and AMCOS and have registered multiple musical works with both organisations. These bodies function as a means of writers registering works for copyright protection, and as the ONLY practically viable means by which writers of original music get their royalty payments. Further, I am a subscriber of the Australian Copyright Council newsletters, and I can affirm through these that there are other registers around in Australia for creative works in other areas of the arts. I would suggest that anyone who wants to be sure they are getting correct information on copyright issues check with the appropriate official body (free) or a legal specialist (expensive)

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Old August 11th, 2006 Aug 11, 2006 1:45:38 AM -   #15 (permalink)
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Default Re: Who owns the © to your design?

You can also generally register books with the national library, etc.

My point was in Australia there is no central authority with legal standing as there is in the US. There is no "legal imperative" in either country. Registration is optional (though it has benefits). In the US you can do it if you want to, in Australia you can't. You can register some works with other independent groups, but that's not the same thing (it may be recommended or required for other reasons, such as royalty payments, but that's a separate issue).

There are also a lot more ways to register/lodge written works than visual, the latter being the one that's actually relevant on a t-shirt forum. The Australian Copyright Council actually recommends that artists consider registering their work with the US copyright office.

I doubt you'd get much help out of an official body, but an unofficial body like the Australian Copyright Council is certainly well worth consulting for anyone who needs clarification on Australian copyright law.
 
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