How do you get a copyright for something?

[lippybrand]

Hi. I have been wondering what the process is to copyright something. Also, I did get my product idea from somthing I saw at a craft sale but changed it a little. Could I still copyright that product? Does having a copyright really prevent others from selling similar items?
Thanks for any information you can give me....

[curiouscatfish]

If you created it you own the copyright (as long as you didn't sign away your rights to your work) but if it is recognizable as someone elses image or product, then they own the copyright.
You don't have too file anything to own it, only to protect it if someone copies

[Former_Member]

Can a copyright be filed AFTER someone copies?

[curiouscatfish]

the copyright belongs to the original creator. You can't copyright someone elses work and if you are the cretor, you already own the copyright.

[Former_Member]

Based upon what I've seen...there is no such thing as copyright for artist really.

I mean look at the gal whos barefoot sandals photos where stole by a Chinese company...the items then reproduced in a factory..and now several sellers here are selling them. And her results in protecting herself is nothing...


but dont you call those beads that have been made since the Egyptians... "Pandora"

[Former_Member]

http://www.copyright.gov/help/faq/

Even if you change the product a lot, if it still recognizable as the original artists work, you are violating their copyright ( either registered or not).

" Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device."

"How much do I have to change in order to claim copyright in someone else's work?...;
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. "

[HausofAriella]

This isn't legal advice, but I looked at your shop and it doesn't look like anything is copyrightable. Functional things generally aren't subject to copyright law, because they fall under patent law in most cases.

[Former_Member]

Copyright and patent are two different things. Copyright, in a general sense, has to do with pictures and words. Think, "two dimensional". Patent is different. It has to do with design and patent law is far more complex than the already confusing copyright law.

Short answer? Anyone can sue you, but they will have to show damages. As it is said in Ecclesiasties, there is nothing new under the sun. If you have chanced the design significantly, you should be fine.

[lippybrand]

OK, Thanks so much everyone, Lots of good information!

[Former_Member]

You can register your copyright with the US government if you want extra legal protection. For instance, if you create something, and someone else claims to have created it before or at the same time you did, a registered copyright has more legal standing than a non-registered copyright.

I just finishes the process for copyrighting my GIMP beginners book, just in case anyone decides to re-distribute it as their own.

Ariella is right, if you designed something functional, you need a patent for the design, not a copyright. Copyright is more for works of art and literature etc. Also, fashion design is often not patentable unless your design serves a new function or purpose, or is completely different than anything else that's been made before. See this: http://fashionlaw.foxrothschild.com/2010/01/articles/fashion-law/fashion-law-101-design-patents/