The idea behind copyrighting something such as a song or novel is to protect your work from being stolen and passed off by others as their own. By definition, copyrights are a form of intellectual property law that protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
You can copyright a clothing line and your application should be approved as long as your artistic design or pattern used is unique. It protects your original designs, however other elements of your clothing such as color, assembly and cut of clothing will not be protected under the copyright, only the artistic elements.
How Copyrights Work
Copyrights are a bit much when it comes to clothing since not every aspect of a garment is protected under copyrights if your application is accepted. So, let’s cover the copyright process and what that all includes.
Copyrights are typically only valid in the country you have filed them as there is no type of international copyright. However, a group of countries has formed the Berne Convention to ensure that your copyright is protected in any country apart from the convention.
Once your documents are approved you will automatically be protected in all countries apart from the group. There is no additional or extra paperwork required for those member countries.
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How To Copyright Your Clothing Line
Each country has a different process for applying for copyrights, however, this is how you can do it within the United States. To submit your application, you will need a few things and some patience.
That list includes your complete application form, a non-refundable deposit, your non-refundable filing fee, and a copy of the item you wish to copyright. When it comes to clothing lines you will need to register and file each unique design that you have created and wish to protect.
Fees to register can range anywhere from thirty to sixty dollars on average. Timeline wise you can end up waiting three to eleven months for an application to get processed if you filed online. Or if your application is mailed in you could be waiting up to two years to hear back about your application.
As we mentioned some money and patience will be needed for the process, however, it is worth it to protect your work and designs.
Why Should You Copyright Your Line?
One thing with small businesses is that your reputation is everything. Due to small marketing budgets and having to work with what they have, a lot of effort is typically put into appearances and branding. It can take some businesses years to build up their reputation and become recognized by customers.
Copyrighting your clothing line will allow you to protect your items from getting replicated. No brand wants to be connected to poor-quality items. Plus customers can doubt your items if they can find the same thing elsewhere, at a lower price point.
If someone does infringe on your copyright there are several steps you can take to protect your work. One option for dealing with infringements is sending a cease and desist letter. This letter will allow them to take down their items copying your work within an allotted time frame to prevent legal action from being taken.
Some specific lawyers deal with copyright cases that can help you deal with infringements and how to best handle them. Another option is contacting platforms directly such as eBay or Amazon to have them take down the post if the seller will not do so.
So many people try to get away with infringements that there is now software you can purchase to help find and deal with them. A popular option is the Brand Protection Software created by Red Points. It can look for, find, and remove any counterfeit items listed that are infringing on your copyright. This allows you to worry less about your reputation being ruined by scammers while you design and operate your line.
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What Falls Within Your Lines Copyright
Not every aspect of your clothing item will fall under the copyright. Which has caused some to say that clothing cannot be copyrighted or created debate on the topic. So, let’s make sure you know what exactly is protected when you have approved copyright for clothing.
Sketches of the design being copyrighted are protected, however that just means that no one can replicate, publicly display, or share it with others. It does not prevent others from attempting to tweak it slightly and share. This is why programs can come in handy to search out those items being reproduced for you.
Fabrics or materials used are protected as long as the design or artistic pattern printed on them is the design you are uniquely using and the copyright protects. You will likely need to create and purchase this fabric from a specialty store since it will not be available anywhere. Another good reason as to why the copyright protects it. Since you will be designing the fabric or textile used yourself.
Lastly, just as it protects sketches and design, it protects the actual designs after they are printed onto the surface of apparel. The issue has even gone to the Supreme Court due to previous disagreements between parties about the rights and what’s protected.
The court stated that “two-dimensional designs appearing on the surface of [clothing]” including “combinations, positionings, and arrangements” of shapes, colors, lines, etc. are protectable by copyright. Thus allowing clothing items and the graphics printed to be protected.
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What’s Not Protected By Your Copyright
When it comes to clothing copyrights, color does not fall under the category of items protected. If you wish to protect a specific color that your line may be known for or recognized by, then you need to look into trademarks.
Assembly and cut of the clothing items are not protected. Since cuts like raw hems, folded sleeves, drop shoulders, and so on are used by hundreds of designers. This also applies to clothing shape and dimensions, since they cannot regulate how brands size their clothing or decide on their dimensions.
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While these may not actually be fun facts, they do emphasize why copyrights and other intellectual property laws are important. You need to protect your company, reputation, and products. If you do not take the necessary steps people will try to take advantage of you.
Did you know that roughly 20% of fashion products sold online are fake? This includes designer items from high-end brands that people are wary of purchasing second-hand because of replicas. However, designs are stolen daily from people, it’s not just higher-end brands that need to watch out for replicas.
Much big-name fashion, or fast fashion brands as many calls them, are frequently accused of stealing designs from smaller businesses in recent years. Causing people to dive deeper into the companies and brands they support. Companies can get away with it if they claim to have been “inspired” by the original but changed it. So just watch out and be careful with your products.
So, to conclude, yes you can copyright the designs in your clothing line. As long as they are uniquely yours. However, it can take time for the paperwork and your application to get reviewed and approved. Even then, only specific aspects such as the fabric or design are protected by the copyright.
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Related Questions
- If I copyright my clothing line should I still trademark it?
Yes, you should trademark your line. Trademarks protect other aspects of your business such as a logo design, unique brand colors (Tiffany & Co has trademarked their easily recognizable powder blue color), and brand name. Allowing these elements to remain unique to your brand and line, preventing others from trying to use any of them to gain attention from your customers.
- Where do patents come into play regarding clothing lines?
If you file a patent for your clothing items then you are claiming that the design is unique and was created by you. These applications are not always approved due to the legalities behind proving a design to be unique since many items have been created or reworked. However, if you can prove that you drew, sketched, illustrated, and so on the specific design you should be good to go. Your clothing will need to be sold in at least two states before you can apply for a patent. It’s another stepping stone to protecting your work.
- Why are there so many different types of intellectual property to worry about?
Between copyrights, patents, trade secrets, and trademarks there are a few applications you may need to fill out. Between the four types of intellectual property, you can protect your designs, brand identity, creative process, and more. The majority of the time people will file for two or more of these at the same time to protect as much of their business as they can. So make sure you do appropriate research when figuring out which to apply for.
To learn more about how to start your own fashion clothing line check out my startup documents here
Please note: This blog post is for educational purposes only and does not constitute legal advice. Please consult a legal expert to address your specific needs.
Meet Shawn Chun: Entrepreneur and Fashion Business Fan.
I’m a happy individual who happens to be an entrepreneur. I have owned several types of businesses in my life from a coffee shop to an import and export business to an online review business plus a few more and now I create online resources for those interested in starting new ventures. It’s demanding work but I love it. I do it for those passionate about their business and their goals. That’s why when I meet a designer or boutique owner at a craft fair, farmers market, retail location or anywhere else I see myself. I know how hard the struggle is to retain clients, find good employees and keep the business growing all while trying to stay competitive.
That’s why I created Fashion Business Boss: I want to help fashion business owners like you build a thriving business that brings you endless joy and supports your ideal lifestyle.