# Licensing your Designs



## Andynot024 (Feb 4, 2009)

So, I made a design that people really took a liking to. I sold it at my school and i was able to sell more than i expected. Now that i know the design is a hit i want to know is there any way to protect my idea. Any advice?


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## Solmu (Aug 15, 2005)

Licensing means selling the rights to a third party. It sounds like you actually want to copyright your design.

U.S. Copyright Office


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## Andynot024 (Feb 4, 2009)

yea i guess i really meant to say Copyrighting


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## mrvixx (Jan 13, 2009)

You already have a copyright to it since you created it. You would need to prove that it was your idea if anyone tries to copy it. It's up to you if its worth getting an attorney involved if it ever comes to that. Unless you are selling thousands of units. I wouldn't worry about getting any type of copyright.


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## Solmu (Aug 15, 2005)

mrvixx said:


> You already have a copyright to it since you created it. [...] I wouldn't worry about getting any type of copyright.


Copyright registration is cheap, and in the US without registration you do not benefit from the full protection of the law.


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## mrvixx (Jan 13, 2009)

Solmu said:


> Copyright registration is cheap, and in the US without registration you do not benefit from the full protection of the law.


Yeah, but personally I wouldn't worry about it. Not saying he/she shouldn't but it does get expensive if you start copyrighting many designs.


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## PositiveDave (Dec 1, 2008)

Not much point taking great steps to copyright anything unless you're willing to back it up in court. Unless it is a direct rip off or of great value the cost of action is too great.


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## Andynot024 (Feb 4, 2009)

o ok thanks for the help everyone. if the copyright is not to expensive i will copyright the design.


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## myrddyn (Sep 26, 2008)

Andynot024 said:


> o ok thanks for the help everyone. if the copyright is not to expensive i will copyright the design.


Make sure you send all your images in at the same time. One copyright will cover them all. Good luck to you.
Jan


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## Andynot024 (Feb 4, 2009)

So let me get this straight, so if i send in a hand full of designs under my clothing line name. I can copyright the hand full of designs under one copyright? (pretty much paying one flat fee)


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## myrddyn (Sep 26, 2008)

Andynot024 said:


> So let me get this straight, so if i send in a hand full of designs under my clothing line name. I can copyright the hand full of designs under one copyright? (pretty much paying one flat fee)


Exactly! You can do that with images as long as you are the artist or have permission of the artist. It is a bit complicated and can take awhile but it can be done.


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## Solmu (Aug 15, 2005)

I'd agree in the general sense that registering a _trademark_ is an unnecessary expense for a new company, but I think registering your copyright is well worth considering.



PositiveDave said:


> Not much point taking great steps to copyright anything unless you're willing to back it up in court. Unless it is a direct rip off or of great value the cost of action is too great.


I'm not so convinced - I think there are a few points in favour of registering.

First, what is the benefit of registering if you're not willing to pursue legal action anyway? Well, for one thing - the other party doesn't _know_ you're not willing to take it that far, and maybe they're not prepared to risk it.

Unless you're crazy and litigious, the first step against someone infringing on your intellectual property is a cease and desist. If you have a copyright registration already, that settlement demand included with your C&D is going to look a lot more serious. In other words, it's $35 and it gives you some more muscle you can flex if needed.

Second, the law (according to this copyright.gov document) works like this:



> If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.


Which means you have a three month window after publication in which you can still receive the full benefit of protection. Combine that with the fact that you can copyright works as a collection, not just individually, and that means you have a 3 month window between copyright applications.

In other words, a business can file quarterly copyright registrations. Your business is on the hook for a *maximum* of USD $140 a year.

Third, you may not elect to sue immediately. Here's a hypothetical scenario: you put out a design. It sells okay for a year, nothing great. Someone sees it, rips it off. After selling in their store for two months, you find out about it. You can't afford to sue them. Now we have hypothetical response A and B.

A) You haven't registered your copyright. "Those no good finks!" you yell, and move on to your next great design, hoping this time *you* get to buy the yacht from the profits.

B) You have registered your copyright. Now that you *know* there's something worth suing over (it's not just a hypothetical rainy day legal fund), you start saving for a lawyer. Meanwhile you're gathering evidence. Once you can afford a lawyer, you sue. Affording a lawyer is a lot easier if you know it's actually worth it.

Fourth, there's "I have no registered copyright, it's difficult to prove, I have no case, the cost of action is too great" and there's "I have a registered copyright, it's easy to prove, this case is a slam dunk, the cost of action is too great (_How much_ per hour?!), will that be cash or cheque?". It's easy to say the legal process is too expensive if you're trying to prove something very grey area. If you have the smoking gun of a copyright registration and it's all pretty cut and dried, it shouldn't be hard to come to a desirable settlement. In business "it's too expensive" is something you're far more likely to hear from the ill-prepared.

Of course it's not worth suing if you *haven't* registered your copyright - even if you win you're out lawyer's fees. Knowing this, your opponent has more incentive to draw things on until you run out of money. They're also playing a lower risk game, since losing means paying their profits out only. If they also risk paying *your* legal fees, they're far more likely to settle. "Oh, you mean to say you are going to have an easier case *and* it's going to cost me more to lose?" You're a lot more likely to hear those sweet words, "Welll.... while we don't admit any wrongdoing of course, my client has authorised me to..."

Fifth, it protects you from (some) wrongful lawsuits. It's not unheard of for a big company to stomp on a little one, and then try to sue them for copyright infringement. Sometimes a registration isn't just about going after someone else, it's about defending your *own* work if someone comes after you.

The obvious comeback to all of the above is "Yes, but none of that is very likely!". Neither is someone tripping on your property and suing you, but we still get insurance. Copyright registration is just another form of insurance, and it isn't a particularly expensive one.

Insurance is just a form of gambling. Amusingly, so is being an uninsured business - so you're a gambler either way. Play the odds however you want. But if you're in the U.S. there are definite benefits to registering your copyright to be weighed in to the equation.


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## Brian-R (Apr 21, 2008)

O.K. How about this scenario.

Designer 1 creates a design and produces and markets it but doesn't bother to apply for a copyright.

Designer 2 sees the above design and copies it and applies for and receives a copyright on it. The copyright office obviously has no idea that the design was actually someone elses creation.

Does Designer 1 have any recourse or is he/she out of luck? Can the copyright be withdrawn if Designer 1 can show that they were in production long before Designer 2 started producing the design?
Can Designer 2 even legally apply for the copyright? If not then why would Designer 1 even need a copyright?

Brian


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## Solmu (Aug 15, 2005)

Brian-R said:


> Does Designer 1 have any recourse or is he/she out of luck? Can the copyright be withdrawn if Designer 1 can show that they were in production long before Designer 2 started producing the design?


*If* Designer 1 can prove it's really theirs, they're fine. But since D2 registered the design, the burden of proof is on D1.



Brian-R said:


> Can Designer 2 even legally apply for the copyright?


No - if they are not the legal owner of the property, then they cannot legally claim to be the owner of the property.



Brian-R said:


> If not then why would Designer 1 even need a copyright?


Because it's de facto proof.

What D2 can get away with is not necessarily the same as what is legal.


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## darubio (Jul 13, 2009)

Hello guys, I have a similar questions.

I have a design and i want to license it and sell my design so I still own the copyright for it. So whoever decideds to buy my design they will have to purchase it from me for them to have it printed and to sell. I just want to know how much I should charge for my designs? Any ideas or any information related to this would be great? Thanks


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## Rodney (Nov 3, 2004)

darubio said:


> Hello guys, I have a similar questions.
> 
> I have a design and i want to license it and sell my design so I still own the copyright for it. So whoever decideds to buy my design they will have to purchase it from me for them to have it printed and to sell. I just want to know how much I should charge for my designs? Any ideas or any information related to this would be great? Thanks


This website should give you some good info on licensing your designs: ArtLicensingInfo.com | teaching artists how to license their art


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## darubio (Jul 13, 2009)

Thats great! Thanks for the infos


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