Can I patent/copyright certain graphic designs so people can't use them?
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Can I patent/copyright certain graphic designs so people can't use them?
Can I patent/copyright certain graphic designs so people can't use them?
Hi, I have a awsome idea for garments with certain graphics. Can I patent the specific graphic design so nobody can copy or remake my design and use it on their stuff so they can profit off my idea? Like is there any way?
Re: Can I patent/copyright certain graphic designs so people can't use them?
Quote:
Originally Posted by cody
Hi, I have a awsome idea for garments with certain graphics. Can I patent the specific graphic design so nobody can copy or remake my design and use it on their stuff so they can profit off my idea? Like is there any way?
the best advice i can give you is to hire a lawyer to take care of your best interest. .......Oh, dont forget to bring your wallet.
Re: Can I patent/copyright certain graphic designs so people can't use them?
Yes, you can register the copyright for your design for $25.
You have a copyright on your design the moment it is created. If you would ever want to bring a case to court for copyright infringement, then you would first need to register this copyright.
Re: Can I patent/copyright certain graphic designs so people can't use them?
But can I still copyright the design if I had a freelance graphic designer make it for me? Could he (or anyone for that matter) reproduce it at all? I wanna own the graphic, since the concept is mine.
Re: Can I patent/copyright certain graphic designs so people can't use them?
Quote:
Originally Posted by cody
But can I still copyright the design if I had a freelance graphic designer make it for me? Could he (or anyone for that matter) reproduce it at all? I wanna own the graphic, since the concept is mine.
When you hire a graphic designer to create the work for you, you can specify in your contract that you will own all the rights to the work. This is a very common practice.
This kind of thing has been discussed on the forums many times. Just do a search for the words "copyright", "designer" and "contract" and you should be able to find a lot of information.
Here's an article featuring a contract you can download and use:
Re: Can I patent/copyright certain graphic designs so people can't use them?
I think Cody just didn't know which term was the proper one. He doesn't want to copyright the "idea". He wants to copyright the the image itself.
He says he has an idea for a graphic, and wants to protect the graphic once it is made. Not the idea.
Quote:
Originally Posted by cody
Hi, I have a awsome idea for garments with certain graphics. Can I patent the specific graphic design so nobody can copy or remake my design and use it on their stuff so they can profit off my idea? Like is there any way?
Re: Can I patent/copyright certain graphic designs so people can't use them?
I understand that Greg ( :-) ). I just want to explain "the idea" thread, becouse I think it's interesting itself. The idea is a very important part of good design, but is not "automatically" protected by law (wounerable at theft). That's why proper contract between "originator" and a designer is so important. It's hard to prove that the idea is yours, not the designer's one afterwards.
My english is not as good as I want to, but I hope that my intention is clear.
Re: Can I patent/copyright certain graphic designs so people can't use them?
My point was that it really wasn't worth mentioning, because he didn't want to protect the idea.
His first concern was that he wanted to know if he could proctect the finished image.
Quote:
Can I patent the specific graphic design so nobody can copy or remake my design and use it on their stuff so they can profit off my idea? Like is there any way?
His second concern was that if he hired someone to make the image, would he still be able to claim the image as his own, and still be able to protect it as such.
Quote:
But can I still copyright the design if I had a freelance graphic designer make it for me? Could he (or anyone for that matter) reproduce it at all? I wanna own the graphic, since the concept is mine.
He was correctly given the reply that as long as he works it out with the person he hires to do the artwork that, yes, he can still protect it as his work.
I don't think at any point he wanted to just protect the idea, but the actual image itself.
Which is why I made the reply that the "idea" was of no concern at all.
Re: Can I patent/copyright certain graphic designs so people can't use them?
I should have been more clear. It would be best explained as this...
I have this idea, and I now have decided I will try and go about patenting the idea myself (by making the graphic on the garment myself with photoshop or whatever program). I'm going to patent it and see if it goes through. If it goes through, then I'll be one happy camper.
And once I do make the finnished garment (before I present it to the patent people), I will copyright it obviously (since I am going to attempt to make the graphic work myself). I dont wanna get involved right now with a graphic designer with such a cool idea, like they could claim it as their own for all I know, since I'm new and green.
I know its VERY HARD to get a patent in the world of fashion, but we'll see what happens eh.
But the idea is mine, and I want that to be made public that I created X idea, and should have proper ownership of it. And therefore any designs that are similar to what I have invented should not be allowed for sale.
Re: Can I patent/copyright certain graphic designs so people can't use them?
I see, my mistake.
I was completely wrong!
Cody, yes it will be very difficult if not almost impossible for you to accomplish this.
Unless you come up with a completely new article of clothing, you are just plain out of luck.
Ideas can't be patented.
Here's a little sampling from the USPTO:
Quote:
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes.
and further:
Quote:
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
This is a discussion about Can I patent/copyright certain graphic designs so people can't use them? that was posted in the Graphics and Design Help section of the forums.
Can I patent/copyright certain graphic designs so people can't use them? 
Re: Can I patent/copyright certain graphic designs so people can't use them? 
