Sanders Law Group: Fabric Design Copyright Infringement Lawyers
What happens when you design a uniquely interesting or creative fabric design, and someone creates a copy for their own use? You may be entitled to file a copyright infringement claim.
US Copyright Attorneys at Sanders Law Group can help. We help fabric designers, and other creative professionals understand and enforce their legal rights and protect their hard work. If someone commits copyright infringement, we want to help you collect the maximum damages allowed by law.
Copyright Infringement Of Your Fabric Designs Can Create Financial Harm
Why does the law protect you if someone copies your copyrighted fabric design? Think about how much time and effort you (and other creative individuals) put into creating that design or textile. That design might be crucial to a more significant project you are working on. It might be something you expected hundreds of wholesale customers to purchase. It may ultimately go to hundreds, thousand or even millions of purchasers.
When someone copies that fabric design without your permission and uses it to create products or sells it to others, it might violate copyright law. That violation may create substantial financial harm to you. The unauthorized use of your designs not only deprives you of compensation for your work, but can also drastically dilute the value of your design.
If someone copies your unique fabric design without permission or compensation, call Sanders Law Group for help. Our goal is to ensure you receive complete protection under copyright laws and secure the maximum compensation you are entitled to.
How Does Copyright Work With Fabrics?
Fabric prints and designs can have copyright protection as long as they fit the criteria for copyright under US Copyright law. Your fabric design must be a “work of authorship.”
Fabric designs fall into the category of works of authorship, much like paintings, drawings, and other designs. To be eligible for copyright, your print or design of the fabric must be original and fixed in a tangible medium of expression.
Copyright automatically attaches to the original, artistic fabric design when it is fixed in a tangible medium of expression. However, registering the copyright with the US Copyright Office is highly recommended. The sooner you register your copyright, the better, as it helps substantiate your copyright and affords you the ability to pursue statutory damages should your copyright be violated.
Your copyright means that no one can use your design without your permission. That permission is usually given in the form of a licensing agreement. A licensing agreement allows you to control different aspects of the use of your work. Perhaps most importantly, it sets the terms of your compensation.
Why You Should Register Your Copyrighted Fabric Design
The unfortunate reality is that there is a risk someone might steal or copy your design. If that occurs, you want to be sure you are protected. You cannot file a copyright infringement lawsuit unless you hold a valid copyright registration.
Copyright registration can also affect your damages. You are only entitled to actual damages for an infringement that occurred before obtaining your registration. You are entitled to statutory damages for an infringement that occurred after you register your copyright.
To ensure you are entitled to the maximum damages for copyright infringement, you should register your copyright quickly.
How Can You Prove Someone Infringed on Your Copyright And Copied Your Fabric Design?
It must be frustrating to see your hard work being used without your permission or payment. Filing a copyright lawsuit can end the infringement and secure the compensation you deserve.
There are three things the court will evaluate when determining if someone did infringe on your copyright.
Copyright ownership – Do you have a valid, registered copyright? If so, it is up to the other party to prove otherwise.
Access or direct proof of copying – Is there direct evidence that the alleged infringer copied your fabric design? If not, you must show that the person had access to your fabric design. Proof of access might include evidence that the fabric design was on display in your showroom during a visit or that the person had access to the fabric in the marketplace where it was being used lawfully by others.
Substantial similarity test – The court will also analyze whether the fabric designs are substantially similar. This analysis includes an extrinsic test and an intrinsic test. The extrinsic test is an objective and looks at specific, concrete (protectable) elements of the patterns and designs to determine their similarity. Features can include shapes, colors, arrangements, and unique patterns. With the intrinsic test, the court examines whether there are sufficient objective similarities. This test asks if an ordinary, reasonable person would find the works to be substantially similar.
If all three elements are satisfied, your successful copyright infringement lawsuit can result in a compensation award and other relief.
Actual Damages or Statutory Damages?
Under federal law, the copyright owner may choose to recover statutory damages instead of actual damages.
What is the difference?
Actual damages are the amount of your losses caused by the infringement. Actual damages can include things like lost profits, decreased market value, and unpaid licensing fees. Actual damages can be substantial but are often difficult to calculate.
Statutory damages are determined by law. Statutory damages awarded in copyright infringement cases can range from $750 to $30,000 per infringement. The court has the discretion to increase the award up to $150,000 if it finds copyright infringement was willful.
Remember, you can only elect statutory damages for an infringement that occurs after you receive your valid copyright registration. Infringements occurring before the registration date are only eligible for actual damages.
Protect Your Legal Rights Without Large Upfront Costs
Call Fabric Design Copyright Lawyers at Sanders Law Group
If you are a fabric designer with copyright concerns, call our lawyers today at 888-348-3090 to schedule a free, no-risk evaluation of your copyright infringement case.
We help clients around the world protect and enforce their copyright. Let us help you protect your hard work and your fabric design business.
Call Sanders Law Group at 888-348-3090 to determine if you have a copyright infringement case. We look forward to speaking with you.
