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Copyrighting A Design If You Are Not Sure If Yours Was First?



 
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Old May 21st, 2008 May 21, 2008 2:07:20 PM -   #1 (permalink)
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Default Copyrighting A Design If You Are Not Sure If Yours Was First?

I have seen a couple of designs that I have created either directly ripped off or they put theirs out first and I just did not know. I searched under both the copyright and trademark forums but I cannot find anything so I am going to proceed with my copyrighting but what I am wondering Is If another artists did In fact come up with first and I just had no idea would there be a problem? The thing with funny t-shirts Is most of the designs are very practical and targeting similar audiences there for creating similar designs. Anyone run into this problem?
 
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Old May 21st, 2008 May 21, 2008 4:24:45 PM -   #2 (permalink)
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Default Re: Copyrighting A Design If You Are Not Sure If Yours Was First?

If it is words you are going to be copywriting sometimes that can be difficult unless it is a logo design that incorperates words. What is the context, it is just words or a actual design? That can make a big difference
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Old May 21st, 2008 May 21, 2008 4:33:48 PM -   #3 (permalink)
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Default Re: Copyrighting A Design If You Are Not Sure If Yours Was First?

Well, what I am worried about Is a design that Incorporates lettering. I am almost certain I created the design first but I have seen a very similar copy a time or two and cannot be absolutely forsure I produced the design first. I did however search under both the trademark and copyright websites and could find nothing.
 
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Old May 21st, 2008 May 21, 2008 4:36:44 PM -   #4 (permalink)
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Default Re: Copyrighting A Design If You Are Not Sure If Yours Was First?

Well as long as it is not a saying and it is actually a design incorperating words (the words being part of the design) then I would go ahead and try If you are not finding it chances are no one has copywrited it yet. Did you search under the different classes of copywrite ?
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Old May 21st, 2008 May 21, 2008 8:01:13 PM -   #5 (permalink)
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Default Re: Copyrighting A Design If You Are Not Sure If Yours Was First?

Quote:
Originally Posted by Basikboy
If another artists did In fact come up with first and I just had no idea would there be a problem?
Short answer is yes. Designs are copyrighted by default, registering the copyright increases your chances of being able to defend it since part of defending is often proving who made the design first. If both your designs are the same and the other artist can prove that he/she designed it first then your copyright is meaningless.
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Old May 22nd, 2008 May 22, 2008 3:56:05 AM -   #6 (permalink)
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Default Re: Copyrighting A Design If You Are Not Sure If Yours Was First?

When sending your designs out for copyright and submitting them as a group under one title If someone Is copying one of your designs and you want to prove you have it copyrighted how do you do so? When grouping your designs for copyright do you still have each design independently represented?
 
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Old May 22nd, 2008 May 22, 2008 6:18:54 AM -   #7 (permalink)
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Default Re: Copyrighting A Design If You Are Not Sure If Yours Was First?

You should start here:

U.S. Copyright Office - Frequently Asked Questions
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