U.S. Copyright Law - page 5
Insuring Your Own Designs
Do not Infringe
Public Domain
Designs are in the public domain if they are not protected by a current registration, or common- law copyright. An old Persian rug design is a good example of a design in the public domain. No one owns it and everyone is free to copy it, modify it or use portions of the design, without having to account to the design owner.
Modification of Designs in the Public Domain
The modified or new design which uses portions of the public domain design can be protected under copyright laws as a new design. This assumes, however, that the design is sufficiently changed from the public domain design used as a reference.
Too often, designs which are not in the public domain are copied as if they were. No designs should be copied, modified or used, even in part, unless they are clearly in the public domain.
A copyright lawyer can search for registrations, but common-law protected designs may not be as easily confirmed.
Old, out of print books, are a good source for public domain designs. But, remember the risk is yours if you copy, modify or use any portion of a protected design, even if you assumed it was in the public domain.
The safe practice is not to copy any design you have seen on a current product
Documenting your design process
Whenever a dispute occurs regarding a copyright infringement claim, the issues come down to proving your case.
That means you have to document the development of your design. The documentation should include copies of any photos or sketches used, the source of your design inspiration )a sunset in Milan, and old painting, your mother’s antique broach, etc.) And any documentation of such source.
Documentation also needs to include each design draft and alterations to the drafts, copies of any computer programs or applications used, date stamped if possible, printouts, faxes and any other indicia of dating that would support your claims of when your design was produced, where the design was first used and with whom it may have been shared.
Everything and anything that proves how and when created your design is helpful and should also keep a design journal listing your creative activities in connection with the design. Keep all entries dated and attach all sketches to the pages.