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Re: Re: clothing design copyright


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Posted by Chu Kano on November 25, 2003 at 11:00:11:

In Reply to: Re: clothing design copyright posted by Joshua on November 03, 2003 at 13:07:29:

: : I have a few original designs for some clothing items. I would like to manufacture and sell them with as much protection from theft as possible. Since I am not rich I need to do it as cheaply as possible. Any suggestions?

: If you are tremendously low on money and cant afford to go to the corthouse and get your stuff copywrited then you can always get what us poor people call a "poor mans copywrite" basicaly to copywrite something you have to have a government seal on it... the post office just so happens to have... a government seal... so if you mail yourself what you want copywrited and dont open it you have a government seal on it and if someone trys to steal your idea then you can take your stuff to cort and it is copywrited... i am a song writer so that is the way i copywrite all my songs... but if you break the seal on the envalope it becomes void.... so make sure to keep it closed....

: I to am a songwriter and aspiring clothing designer who happens to have been studying copyright law for the past two years. As of 1998, the copyright law in America has been as follows.
Any intellectual property fixed in a tangible means of expression is copyrighted. The good news-That means that if you have items that are fixed in a tahngible means of expression i.e. a cd a portfolio etc. Then you're covered. Proving copyright infringement is not so easy since it is theoretically possible for two people on opposite sides of the globe to come up with the same idea at the same time. You would have to prove both substantial copying and access: the person accused of copyright infringment had some way of getting to your intellectual property. The bad news- Though the poor man's copyright proves a time of creation. In order to collect any punitive damages from said infringement win, you must have your property registered with the library of congress. The reason? The law says that in order to collect damages on any case the plaintiff must provide "prima facie" evidence. The only prima facie evidence is registration with the library of congress. YOU HAVE TO PAY IF YOU EVER WANT TO WIN MONEY FROM AN INFRINGEMENT CASE. More good news- You can wait to register your work until you see an infringement as long as you have it back by the time you go to court.



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