To copyright a design, it must be tangible and original. Formal registration is not always necessary, but can be helpful in fighting infringement. Copyright may not apply to all designs and enforcement can be difficult. Legal consultation is recommended in complex cases.
For copyrighting a design, it is first important to make sure that the design is something that can be copyrighted. If the design is nothing more than an idea then it cannot be protected. Alternatively, if it’s a design of a method or technique for doing something, then it must be patented, not copyrighted. It is possible to copyright a design only if it is a work that can be perceived. Also, one must have a copyright in the work itself, which one cannot have if the work is derived from another work or if it does not fit other criteria.
In areas that recognize a person’s right to the works they have produced, it is usually not necessary to formally underwrite the copyright of a design. Any art, design or other creative element that can be made tangible or physically perceivable is almost always protected by copyright in areas that recognize copyright with or without formal registration. If you can demonstrate that you conceived and formalized the design first, then your copyright is implied. Formal copyright registration can be helpful when trying to fight copyright infringement, but it’s not required.
Once the design exists, the designer’s right to the design already exists. Copyright registration does nothing more than formalize this right. To formally copyright a design, it is usually necessary to register with an office or agency related to this function. The precise agency will depend on the area. There is often a fee.
Some designs are more difficult to secure than others. For example, it’s not entirely clear whether you can copyright a tattoo if that tattoo is on a person’s skin. Copyright on a t-shirt design shouldn’t be a problem, but since these items can be made in house and may never come to the designer’s attention, it can be very difficult to enforce this type of copyright. If you never know that copyright is being infringed, then it can be impossible to enforce your rights. It’s easier to go to court for copyright infringement if you know that another party is making money off your design or publicly releases copies.
Even if a design’s copyright applies, there’s no guarantee that fighting over the design in court will produce results. You need to have a reasonable cause and a good lawyer to win a copyright case. It may also not be worth going to court from a monetary perspective if the design isn’t worth a significant amount of money. Copyright is complex when disputed, so it’s a good idea to consult a lawyer if it’s likely to be an issue.
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