What is Copyright?
May 15, 2025 - May 15, 2025
Copyright infringement occurs when companies deliberately copy or rip off another companies work.
It can also occur unintentionally when a company makes designs based from inspiration from another company or people they see on the street being unaware that these designs are protected by copyright.Being able to understand the concept behind copyright really helps in avoiding copyright claims made by copying another persons protected work.
Registering Copyright?
You do not need to register to gain protection from copyright in the UK.
When copyright should be claimed:
Copyright arises automatically when a produc
1)is made in material form
2) has any kind of connection with the UK
3) is an ’original’ concept
4) falls within a category that is protected by copyright
1)Copyright does not protect ideas, to get protection these ideas must be in a physical form, e.g a sketch. If this sketch was send to a pattern maker and they then started making this design of skirt, the original designer could claim copyright.
2) To be protected the designer/creator must have some connection to the UK (those living in the UK and those that have a company located in the UK are covered)
3) To claim for originality the work does not need to be creative, it just requires the designer behind the work to have used their own skill in making the design/garment instead of copying the concept from another person.Two designers that have had the same design concept could claim copyright as long as they can prove that they did not copy the other designer and used their own works.
4)The categories that are protected by copyright in the fashion industry include protecting original artistic work (this includes graphics, photos, wording and artistic craftsmanship) Copyright within the fashion industry usually concerns 2D work e.g photographs/graphics printed on a t shirt.Copyright can be claimed on 3D garments if it can be proven and shown that the work in the garment was artistic craftsmanship, and was meant as a one off for a certain customer and not made to be commercially produced in masses.
Other aspects of a fashion company can be protected by copyright, including the appearance of their website, databases, brochures and look-books.In some countries having copyright is essential, and therefore companies and designers should always check this before exporting or manufacturing in overseas.
What does copyright not protect?
– Copyright does not protect concepts and ideas within the mind or spoken by the creator/designer (unless these concepts are noted down or recorded)
- Three dimensional objects that are mass-produced – such as a manufactured skirt or an accessory. (However these could be protected by design rights)
- Names/logos/titles these are also eligible for trademark.
- Inventions – such as a new type of fastening for a jacket (these could also be protected by patents.
