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Copyright & Patents/Label Copyright Question

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Expert: Shannon Moore - 10/21/2009


Question

Label design example
I'm a specialty label distributor and have customers who have certain requirements regarding the layout of their labels. Is it possible to Copyright the design or layout of a particular label? Is it possible for someone to make a minor change in my design and not be liable for Copyright infringement? See the example image.

Thank you.

Answer
Dear Don,

Yes, you can file for a copyright as labels are considered to be in the realm of Visual Arts. Here's some more information:

http://www.copyright.gov/fls/fl115.html -- Copyright Registration of Visual Arts
http://www.copyright.gov/circs/circ40.pdf -- PDF with further details
http://www.copyright.gov/eco/ -- Online Registration ($35 each)

To your second question, here's what the US Copyright Office has to say:

"Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent."

Hope this helps! Please let me know if I can assist you with any other questions.

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com
Twitter @TradeMarkExpres

    Questioner's Rating
    Rating(1-10)Knowledgeability = 10Clarity of Response = 10Politeness = 10
    CommentThank you for the quick answer and the additional information that you provided. You have been very helpful.


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Shannon Moore

Expertise

I am able to answer general questions pertaining to copyrights and patents, such as explanations of what they are & how to obtain them. I cannot answer specific legal questions.

Experience

Since 1994, I have been the General Manager for TradeMark Express, which specializes in trademarks. Over the years, I've accumulated information pertaining to copyrights and patents.

Organizations
TradeMark Express belongs to BBB, the Better Business Bureau, as well as INTA, the International Trademark Association

Publications
Tungsten Marketing; EzineArticles

Education/Credentials
BA in English

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