2007
Daily Definition: Copyright
Posted by: Fashion06 in Daily Definition |
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Most of you know what it means, but I decided to include it, because I see so many people asking should they copyright when it should be a trademark and trademark when it should be a copyright. This is not in the fashion business, but I hear this just in my day to day tasks when working with individuals. This definition should give you a better understanding of exactly what the term means and when it should be used. (These are not my exact words, but a compilation from different sources)
Copyright:
Is a bundle of rights that provides legal protection for authors of nonuseful, original works, including literary, dramatic, artistic, and musical works. The author of the work has the right to use and exclude any other person from using the work. Now look at what I found these rights can be quite broad and confusing but generally prove useless in protecting fashion DESIGNS. As you know many of the more popular clothing lines are copied time after time even with the protection of copyrights! Also noted was that under the U.S. Copyright Act, protection is denied to any article that has a utilitarian function, that is useful in a everyday purpose beyond artistic expression. Courts of law most likely will deny the copyright on clothing on the grounds that apparel designs are everyday useful articles unless they have a demonstrable nonutilitarian purpose.
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