registering for copy right?

[ziwang55]

i was wondering how i could register for a copy right for a clothing line. and how does it work. what does it protect. what kind of copy right is a clothing line involved with?

[CDRamming]

What are you looking to do? If you just want to keep the name of your company from being used by others you will need to Trademark it. If you want to copyright each individual shirt you print, that is not necessary. In the United States as soon as an original work is made (make sure you document with a date of production) you automatically have copyright protection of the image under the Berne Convention for the Protection of Literary and Artistic Works. However if someone infringes you must take legal action against them in every instance otherwise you will lose copyright protection. The damages you are entitled too for unregistered use are much less than registering each but I don't believe you will have much problem with this. Also, the cost and time to register each shirt would be ridiculous especially considering the wait associated with gaining a registered copyright. I would trademark the brand name, which you register with the US Patent and Trademark Office, and keep dated records of original works so you can defend if infringement occurs and only copyright individual works if you find a very high value in the original works.
*Disclaimer: I am not a lawyer therefore; the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.*

[ziwang55]

how can i make sure my work is original. since i make designs on the computer

[Nucleus]

I'm not sure I understand your question. If you do not know whether or not your work is original, you should not be applying for a copyright. In order to apply for one you must be the original author. If you are creating the works yourself it is very likely you are the original author (assuming you are being creative). You may not need to register for the copyright in order to get some copyright protection for your work but I don't see how it'd hurt (other than the cost).

[n-y-chiro]

Hey I think you can apply for some type of copyright for your name mainly but when it comes to style of the clothing, it is impossible to fully apply a protection on it. Also note that after awhile, if you have stumbled on unique style, beware that (due to the rules of a competetive market) there is the reality of having other people embody your style under their label. Look at the way pharmaceutical companies operate, after their patent is expired, other companies can enter in competition with the drug/invention. I would suggest researching the various copyrights that exsist in order to make sure that you understand it locally as well as internationally.

[ziwang55]

right now im like lost with the copyrights. because there are so many things to consider. i mean so many options of copy right..well whats the point of copy right if im already the original author. do i still need to apply for it?

[CDRamming]

1. As I explained before, as the original owner you gain copyright protection as soon as you produce your work. By registering the "work" which is an innumerable amount of things you are able to legally acquire more damages if your work is infringed upon. If you don't officially (register with the PTO) you are entitled to sue for profits generated by the infringer and force the infringer to no longer use said copyrighted material. If you are registered you are able to sue for statutory damages (a set amount for each time the copyrighted work is used) and the possibility to have all non-copyrighted merchandise or reproductions destroyed.
2. If you created the art, in whatever medium it is original unless you are manipulating, replicating, or otherwise reproducing a copyrighted image or work. I don't otherwise understand what you are saying if its original because you created it on a computer? I can write a book on my computer or upload a picture I personally took and I own all rights to this work whether its electronic or on paper.
3. The main thing I would be concerned about is Trademarking the name of your clothing line. Otherwise anyone can use the name and others would misinterpret another design for yours, and then it would be considered public domain and lose possibility for trademarking. Refrigerator Co. was a company originally that produced "iceboxes" over time people referred to all "iceboxes" as refrigerators and the company lost trademark status because the name became a common term. This can be avoided my filing suit against all infringers.
4. Pick a unique name for your line, trademark it. For the images of your line document (with a dated notary stamp) when it was produced. This will show when it was produced and that it was by you originally. If problems arise you have legal documentation you first produced it. Parodies and satirical images of your work are legal under Fair use stipulations. But direct reproduction of your work is infringement and legal action can be taken.
*Disclaimer: I am not a lawyer therefore; the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.*

[ziwang55]

wow thanks alot. that was great help. but now how do i trade market it?

[CDRamming]

Trademarks - where to start
This is the US Patent and Trademark Office site. This is the page that takes you through all the steps of applying. You want a Trademark, search the TESS for similar marks to be sure you are not infringing on another trademark. If it does not infringe, file the application via the Edocument at the end of the site. Its pretty much explained in this guide. If you have any questions don't hesitate to ask.
*Disclaimer: I am not a lawyer therefore; the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.*