Click to See Complete Forum and Search --> : T-shirt design copyright (in Canada)
PandaBear
07-20-2007, 10:30 PM
Hi all,
I've got a pretty cool concept and design done up for a t-shirt I want to make & market but I'm not sure how to go about maintaining a copyright for the specific concept/design.
In Canada, when you apply for a copyright, all you are asked to give is the title of the work. They don't require you to send in anything (and if you do, it gets returned)...so now I'm wondering, how do you copyright a concept?
I've read many places that you can register mail yourself a CD of the original files & a picture or printout, just as long as it has a date ot prove you designed it first. Does that hold water?
Drazan
07-21-2007, 12:57 AM
The "poor mans copyright" by mailing something to yourself will never hold water in court. There's just way to may ways to forge or compromise a self mailed item.
Apply for the copyright, the document will help if any future cases arise.
You can't copyright a concept, you do have to finish the artwork to be copyrighted. It does not matter what it is printed in because the material is not copyrightable only the object being printed.
Also looking over the CA copyright info, there's no proof gathered, only a piece of paper. If you were to see anyone "stealing" your design then you have to go after them yourself with your own lawers. The piece of paper just gives you a leg up in a court case.
You can prove a case by getting it into print, saving the vendor invoices, etc.
copyright protection really rests with the owner of the copyright and how much $$ and time they have to pursue infringment.
Drazan is right about the mail it to yourself thing. Think about it, you could mail yourself an unsealed empty envelope and then even years later put something in it and seal it up.
BJMRGTIVR6
07-21-2007, 03:56 PM
Kool, I have never thought of mailing an unsealed envelope. that is great! I have always heard of the mailing thing and never done it but that unsealed envelope thing is hilarious.
Heh heh, yeah that little flaw was pointed out to me by a fellow musician several years ago when I asked about that method for copyrighting songs. I was like DOH!
PandaBear
07-22-2007, 07:01 AM
Ok...when I say mail it to yourself, I'm talking about mailing something registered or federal express, so that its post-marked with a date and official with a signature of "date received". I understand you can send just anything to yourself at any time, in a regular envelope...sheesh.
Workshy
07-22-2007, 10:01 AM
Copyright is automatically granted to any work as soon as it is put in the public domain, unfortunately the burden of proof is on the owner.
Putting the circle c on a design doesn't really offer more protection but does show you are aware of the concept.
It can be costly to take a copyright infringement suit so the only sure fire way to prosper is to make sure you get maximum return in a short period, before the leeching swine have time to steal your ideas
Drazan
07-22-2007, 12:32 PM
PandaBear: You can still open and reseal that envelop to contain other information than that which you originally sent. Also records of shipped/registered mail is only available for a short time after the package has been delivered. So no - any type of mailed or shipped "proof" will not hold up in court. It's not seen as legit proof of copyright.
If it is super important - you have to have the money to back up your claim in court.
Ok...when I say mail it to yourself, I'm talking about mailing something registered or federal express, so that its post-marked with a date and official with a signature of "date received". I understand you can send just anything to yourself at any time, in a regular envelope...sheesh.
Registered, Fedex, it's all the same principle. But by all means go ahead and use this method if you want.
PrintDriver
07-22-2007, 06:32 PM
This is the US answer.
http://www.copyright.gov/help/faq/faq-general.html#poorman
Drorain
07-23-2007, 02:57 PM
well thats the best answer right there, straight from the horses mouth
PrintDriver
07-23-2007, 05:53 PM
That's the U.S. law. Who knows what they do in Canada. :D
SurfPark
07-24-2007, 02:36 AM
You're going to want to inquire at the Canadian Intellectual Property Office (CIPO) (http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_main-e.html).
CkretAjint
07-24-2007, 02:38 AM
So that's where Canada stores all their brains, at the CIPO... Who knew?!?! :D
captain spanky
07-24-2007, 08:51 AM
i use the Creative Commons Copyright a lot.
maybe this could be a solution to you?
they have a canadian version...
http://creativecommons.ca/