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T Shirt Design Copyright Info

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Old September 25th, 2005 Sep 25, 2005 4:30:39 AM -   #16 (permalink)
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Default Re: T Shirt Design Copyright Info

Ask your lawyer if he's able to notarize your design documents and store them in the same way as will's etc.

This may work out cheaper as an ongoing arrangement.

As to a magic number of changes - there is none. If there is substantive similarity between your design and someone else's (made previously), then you could be guilty of "passing off".

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Old September 26th, 2005 Sep 26, 2005 1:23:47 AM -   #17 (permalink)
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Default Re: T Shirt Design Copyright Info

Put all your designs in one book, copyright the book. There.
 
Old October 6th, 2005 Oct 6, 2005 3:35:11 PM -   #18 (permalink)
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Default Re: T Shirt Design Copyright Info

I heard that if you do eight backflips, then change one aspect of the image slightly, then its legal. Don't quote me, it's just what I heard.
 
 
Old November 3rd, 2005 Nov 3, 2005 12:55:09 AM -   #19 (permalink)
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Default Re: T Shirt Design Copyright Info

Quote:
Originally Posted by Logo-Mechanix
A good way to copyright your work is after it is created print it out and mail it to yourself but do not open it when you get the mail back.

NOPE. that is a "myth", the poor mans copywrite has no weight if you ever need to use it in court:

Quote:
Originally Posted by ******
Question: I hear that the poor man's copyright provides enough protection. Can't I just use the poor man's copyright? Can't I just send myself a copy of my work and the postmark will be enough to prove the copyright?

Answer: No! - and there are two main reasons why the poor man's copyright isn't worth the cost of the stamps:

The poor man's copyright has no legal effect. There are no cases in which the poor man's copyright has been successful! The poor man's copyright has no legal standing anywhere! Any knowledgeable lawyer can show you it’s easy to fake!

Many of the benefits of registration are not available with the poor man's copyright.

You must copyright your work to collect royalties! Without registration within three months of publication, you can’t collect any damages or attorneys' fees for infringements that occur before registration or in that three-month period. You can lose a ton of money while trying to enforce your rights unless you register your copyright before the infringement occurs! You can collect statutory damages without any proof of financial harm -- it makes the case much easier to win!

The only rational way to protect your work is to register your copyright it!
 
Old November 3rd, 2005 Nov 3, 2005 2:29:33 AM -   #20 (permalink)
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Default Re: T Shirt Design Copyright Info

Quote:
Originally Posted by tea shert
NOPE. that is a "myth", the poor mans copywrite has no weight if you ever need to use it in court:
This was already covered in this very thread over a month ago, at least three times - no need to resurrect the thread.

(but yes, you are right)



 
Old November 8th, 2005 Nov 8, 2005 6:39:23 AM -   #21 (permalink)
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Default Re: T Shirt Design Copyright Info

Here's an article that discusses 10 copyright "myths" that not only deal with the issue of artwork and slogans, but other issues that might be of interest to the members of this forum as well.

Just a big FYI

Last edited by Rodney; July 5th, 2006 at 09:42 AM..
 
Old July 2nd, 2006 Jul 2, 2006 4:27:20 AM -   #22 (permalink)
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Default Re: T Shirt Design Copyright Info

What about designs that people submit to t-shirt websites but which do not get used? Can the original designer go to another t-shirt website and submit it or does it belong to the website who originally had it submitted to them?
 
Old July 2nd, 2006 Jul 2, 2006 5:28:30 AM -   #23 (permalink)
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Default Re: T Shirt Design Copyright Info

Quote:
Originally Posted by BangBangT-Shirts
What about designs that people submit to t-shirt websites but which do not get used?
The copyright remains with the original author, however...

Quote:
Originally Posted by BangBangT-Shirts
Can the original designer go to another t-shirt website and submit it or does it belong to the website who originally had it submitted to them?
...they often can't be resubmitted (or published) elsewhere because the site (e.g. Threadless) contends that they have an exclusive option to print your shirt, and that you agreed to this via submitting. I've heard of many people asking Threadless to release their design and not having any problems, but in theory they could refuse. I doubt their exclusive "rights" would stand up in court if challenged, but you'd want to talk to a lawyer about that



 
Old July 2nd, 2006 Jul 2, 2006 10:41:30 AM -   #24 (permalink)
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Default Re: T Shirt Design Copyright Info

If you need some more copyright info you should really try and get the "How To Print T-Shirts For Fun And Profit". From what I remember copyright is established once a piece of art is created. If you pay someone to make you a design the on check or payment details write "Work For Hire". If you are just buying a design you see somewhere and you like it then you have to sign a transfer of art ownership (i htink thats what its called). But if you want to sue I htink you have to register you image or design, and i think you can not even sue if you have no register.....hope that could help ill go reread that part of the book if you need anymore help, my memory is a little hazzy havent read that section with complete understanding just kind of skimmed through that artwork ownership part.
 
Old September 3rd, 2006 Sep 3, 2006 5:06:34 PM -   #25 (permalink)
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Default Re: T Shirt Design Copyright Info

In some cases, it can be well worth the investment, but for small t-shirt companies just starting out, I've found that most are just fine by focusing their energies on creating unique designs and marketing those designs to the best of their abilities. After it takes off or starts to head in that direction, that's when I see most t-shirt companies start to protect certain designs or their overall brand. That way they aren't spending money on trying to protect something that may never sell well or even need protecting


Rodney makes an EXCELLENT point. I am an example of someone who wasted a lot of $$$ trademarking when I should have been using the money for important things. Until your sales are brisk and you are sure that you have a SUCCESSFUL design, spending money on trademarks is a GAMBLE at best. A copyright seems like a better option for start-up companies if you feel you MUST protect your work.
 
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Old September 3rd, 2006 Sep 3, 2006 10:30:41 PM -   #26 (permalink)
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Default Re: T Shirt Design Copyright Info

To protect or not to protect is a matter of choice. Do you think what you have is worth protecting or not. Its all up tp you to make that decision.
 
Old September 4th, 2006 Sep 4, 2006 11:29:48 AM -   #27 (permalink)
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Default Re: T Shirt Design Copyright Info

If you are going to have one design that you push on different products, and you really feel you can build a business on it, then just register the copyright already. AT LEAST do that. Trademarking one design or logo that you use over and over may be smart, depending on how good it is and how much you are going to market it.

If you, like me, are a trained artist and crank out a lot of designs all the time, I'd do what has already been said in this thread, MAKE A BOOK of your designs and register it with a copyright office as one work. I can't imagine ever tradmarking every design...I'd never make a cent. For this reason I actually like it when people order an illustration or something and I sell it to them outright. I then have no worries about protecting it at all...it's their problem.

I'm still up in the air about doing a registered trademark for my company name and logo, but I am absolutely going do a copyrighted book of my first T-shirt design series. It costs so little, it's a no-brainer for me.

As for "slogan" or "joke" text based T-shirts, I have no clue.
 
Old September 4th, 2006 Sep 4, 2006 11:39:31 AM -   #28 (permalink)
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Default Re: T Shirt Design Copyright Info

Quote:
Originally Posted by indigo
Ask your lawyer if he's able to notarize your design documents and store them in the same way as will's etc.
has anyone else heard of this? Would this work? My lawyer/tax advisor is also a notary, so if this kind of thing really holds up in court, it could be great....
 
Old September 4th, 2006 Sep 4, 2006 11:46:52 AM -   #29 (permalink)
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Default Re: T Shirt Design Copyright Info

The only way to even bring a lawsuit is to have a registered copyright, which means it is the only thing that will stand up in court. NOTHING ELSE.

This is from the FAQ section of the U.S. Copyright Office website:

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
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Old September 4th, 2006 Sep 4, 2006 11:57:55 AM -   #30 (permalink)
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Default Re: T Shirt Design Copyright Info

One good thing about keeping all your Legal Schmeagel stuff at your Lawyers office is that ..... It's Free Storage. lol

better there than at your Art Studio.
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