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Copyright & Patents/Label Design Copyright

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Expert: Kacey Cahill - 10/21/2009


Question

Lable 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
Don,

Yes, you may copyright anything that constitutes an "original" expression of an idea in a tangible form (media). So long as these are your original ideas, you may file a copyright on them.  You should make sure, though, that in your contract with your customers it does not say that the customer owns the intellectual property (or copyright). If it does, your work is a "work made for hire", and the copyright is owned by the customer. In fact, if you want to own the copyright, you should say that in the contract so there is no confusion.  I warn you, though, this could create a significant issue between you and your customer.

As for making minor changes, people cannot do that.  If you own the copyright, you also own the right to control who makes "derivative" works.  Derivative works, among other things, are works that are based on your work with minor changes made.  Making an unauthorized derivative work makes a person liable for a copyright violation.

Good luck to you.  I hope this helps, but please know this is intended for educational purposes only and not as legal advise.

Kind regards,

Kacey Cahill
www.kaceylaw.com
    Questioner's Rating
    Rating(1-10)Knowledgeability = 10Clarity of Response = 10Politeness = 10
    CommentThank you for the quick response. Your information has been very helpful.


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Kacey Cahill

Expertise

I can answer general questions regarding patents, confidential information and trade secret law. I work with businesses in protecting their intellectual property as well as determining how to best exploit it.

Experience

patents, confidential information and trade secrets; negotiating and drafting agreements regarding intellectual property like licenses, acquisitions, sales, alliances, non-competes, confidentiality agreements and other like agreements

Education/Credentials
University of Notre Dame - JD Philadelphia College of Pharmacy and Science - BS

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