Question Regarding Visual Materials Copyright

[tpsat]

When I perform a copyright search for Item Type: Visual Materials at cocatalog.loc.gov, how do I determine which if any of the results apply to my particular circumstance?

I am in the printed apparel business.

Thank you so much!

 

[quincy]

When I perform a copyright search for Item Type: Visual Materials at cocatalog.loc.gov, how do I determine which if any of the results apply to my particular circumstance?

I am in the printed apparel business.

Thank you so much!

Are you in the US? If so, in what state are you located?

When doing a trademark search, it is important that you do not limit your search to the USPTO's registered marks. In the US, registration is not what confers rights. The first to use s mark in commerce is the presumed owner of the mark (although this is a rebuttable presumption).

You do not need to do a copyright search unless you are looking for the copyright status of another's work. If your work is your own original creation, it automatically has copyright protection. If it is not your own original and creative work, you cannot register the work.

Both the USPTO and the Copyright Office have websites that do a good and thorough job of answering most questions, including those on filling out applications.

http://www.copyright.gov
http://www.uspto.gov

Is that an answer to your question? Or does your question have to do with filling out a copyright registration form?

 

[tpsat]

Thank you for the quick reply.

Yes, I live in the states.

We create and sell clothing on Amazon. Both the design and the words used to describe the design on the listing page cannot infringe on trademark or copyright.

For each design, we create a list of words to describe the design and then check for copyright/trademark registration.

copyright.gov is where we need guidance. Where a search returns multiple registrations for a single search word/s, it would seem to indicate that the word/s may be registered for different usage within the Visual Materials category.

The arcane website does not indicate whether the Visual Material listed is a shirt, statue, movie or whatever. What are we to look for to ensure that are not infringing. I've searched but cannot find guidance on this issue.

Thanks for your help Quincy, much appreciated.

Terry

 

[FlyingRon]

It's just "use" in commerce, not "first use." While first use is determining in some countries, it is NOT in the US.

 

[quincy]

Thank you for the quick reply.

Yes, I live in the states.

We create and sell clothing on Amazon. Both the design and the words used to describe the design on the listing page cannot infringe on trademark or copyright.

For each design, we create a list of words to describe the design and then check for copyright/trademark registration.

copyright.gov is where we need guidance. Where a search returns multiple registrations for a single search word/s, it would seem to indicate that the word/s may be registered for different usage within the Visual Materials category.

The arcane website does not indicate whether the Visual Material listed is a shirt, statue, movie or whatever. What are we to look for to ensure that are not infringing. I've searched but cannot find guidance on this issue.

Thanks for your help Quincy, much appreciated.

Terry

Single words and short phrases can be used as trademarks to identify companies and their products or services. These single words and short phrases are used to distinguish one company's products and services from those of all others.

But single words and short phrases cannot be protected under copyright laws.

The single words or short phrases would have to be expressed in an original and creative way for any copyright to attach - and then it is the creative expression that is protected and not the words/phrases themselves.

If your designs are unique to you and creative, the designs already have copyright protection (unless you are talking about the design of the clothing item itself - a jacket's sleeves, buttons, whatever - rather than an original floral or bird pattern or something).

Both trademarks and copyrights can be federally registered - and there are advantages to registration if your trademark or copyright were ever infringed by someone - but registration of trademarks and copyrights is not a legal necessity to have protection under trademark and copyright laws.

In your online ads, you can write about what you created by using your own words to describe the item. For example, if the article of clothing you created is a man's shirt covered with a penguin design, it can be described that way. You are describing what you made and what you see.

I am still not sure I have addressed your concerns. Let me know if I haven't and I will try again.

(To FlyingRon: In the US, the presumed owner of the mark is first to use the mark in commerce. In most other countries, it will be the first to register a mark who will be the presumed owner of the mark.)