What is a Copyright ©?

Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.*

*source – www.copyright.gov

Copyrights on Textile/Surface Print Designs

Textile design has a long history of ‘knocking off’. It most likely goes back thousands of years ago when humans first started putting designs on cloth.

Today textile designs are iconic images that represent the unique style and personality of a brand. Examples include the Liberty floral, Etro paisley, Hello Kitty image etc.

These well-known images and designs instantly bring the brand’s identity to mind. Usually, these styles/patterns are so popular that the patterns have sold incredibly well therefore many other companies try to copy them. That is why most of these designs have “©” on their fabric selvedge and/or can be seen on their design.

If using existing patterns as inspiration, the common rule of thumb is that you must change a pattern 20% in order not to a violate a copyright. However, the actual rule is that the print or design must be visibly different to a jury in a court of law. That means to the untrained eyes of the general population- not people who work in fashion and the design industries – the pattern created from the “inspirational” piece must appear to be different.

Its straightforward to protect an original design through the process of copyrighting.  Collage artworks using ‘clip art’ can also be copyrighted as long as images used are not still owned by original company (for art dated prior to 1923)

Works Made for Hire

When a company or individual hires an artist/designer to create a specific artwork or logo/ design, the hiring or commissioning party is considered the author and the copyright owner.

These terms should be clearly stated in a written agreement between the artist/ designer and the company/ individual who has commissioned the artwork. Freelance designers/artists are under obligation to their clients not to disclose the designs they are being commissioned for. Designers should not ‘Knock themselves off’ for other clients. This is a pretty frequent request, especially if the designer is well known for creating a certain style or pattern that has sold well for previous companies or clients.

What Next?

If you publish the artwork on social media, prior to officially copyrighting the pattern and design, you are at least covered by proof of original date of creation. However, if your design is going on products or garments that will be sold to the general public, it is wise to protect your creative property.

Its straightforward to protect an original design through the process of copyrighting.  This is also the most economical way to protect your print designs

There are several services out there that offer this service, but we recommend using the United States Copyright Office. For $55.00 you can easily register your design directly with them.

Please note that you cannot copyright a piece of clothing.