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Copyrights FAQs
Question: What works are protected?
Answer:"Copyright protects ""original works of authorship"" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories: literary works; musical works, including any accompanying words dramatic works, including any accompanying music pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works "
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CopyrightWorldwide.com Copyright Newsroom
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LEGISLATION TO COMBAT DESIGN PIRACY
WASHINGTON , DC – Today Congressman Bob Goodlatte introduced the Design Piracy Prohibition Act, H.R. 5055 . This bipartisan legislation provides copyright protections to fashion designs.
Most industrialized nations provide legal protection for fashion designs. However, in the United States – the world's leader in innovation and creativity – fashion designs are not protected by traditional intellectual property protections. Copyrights are not granted to apparel because articles of clothing, which are both creative and functional, are considered “useful articles,” as opposed to works of art. Design patents are intended to protect ornamental designs, but clothing rarely meets the criteria of patentability. Trademarks only protect brand names and logos, not the clothing itself.
The Design Piracy Prohibition Act protects designers by amending the Copyright Act to also include protections for fashion designs. Because the production life cycle for fashion designs is very short, this legislation similarly provides a tailored period of protection that suits the industry – three years. This legislation further establishes damages for infringing a fashion design at the greater of $250,000 or $5 per copy. Read more at house.gov
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Helpful Terms
Patent
Definition:
In the United States, a grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention. There are three very different kinds of patents in the United States: a utility patent on the functional aspects of products and processes; a design patent on the ornamental design of useful objects; and a plant patent on a new variety of living plant. Patents do not protect "ideas," only structures and methods that apply technological concepts. In return for receiving the right to exclude others from a precisely defined scope of technology, industrial design, or plant variety, which is the gist of a patent, the inventor must fully disclose the details of the invention to the public.
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