If I want to sell my artwork by printing it on things like mugs and t-shirts should I apply for copyrights or trademarks? What about logos like the Smiley Face? What about t-shirts with phrases like “I’m with stupid”?
None of those are worth the trouble of special copyright filings.
You get an automatic copyright on anything you draw yourself.
T-shirt slogans can be copyrighted only if not in common use.
Anyone can use I’m with stupid because it’s out there in a lot of places already.
But let’s say you got daring and put a popular song lyric on a shirt. If it’s used satirically you are protected. Like a line from Michael Jackson with a picture of him and his chimp.
But if it’s a line from a recent rap hit with a recent picture of the band, they own those rights. Only the most famous faces are considered fair game for satire.
Smilies are pretty common, so it’s hard to envision anthing anyone could prove they were first to create.
The deal with copyright is that it’s not a licence to call the cops and have someone arrested for infringement. It’s a licence for you to pay a lawyer big bucks to send them letters and maybe shake them down for a few bucks, up to the profit margin of their copy shirts.
Not unless you’ve paid to put it there. Sont lyrics are required to be licensed, no matter what the use. There is no such thing as “fair use” for them (though you can put new lyrics to a song and say, “Sung to the tune of” and you can use them satirically if you pay the regular fees).
It may be hard for you to envision it, but the creator is well-documented: the smiley face was created by Harvey R. Ball in 1963. He never copyrighted or trademarked it, though.
No, it’s protection for your own property, not a shakedown. If someone steals from you, you have the right to prevent it.
Now, for some real advice:
If they’re your own artwork, you own copyright. It may be worthwhile to take out a copyright on the image, for, while you do have some rights simply by creating the image, you need to register the copyright to prevent others from profiting (if not registered, you can only sue to have them stop making copies; if registered, you can sue for damages and legal costs). Contact the copyright office of the details, but the cost of copyright is less than $50, and well worth it to prevent others from ripping off your designs.
I’d say that copyrights are more appropriate than trademarks.
As I mentioned, the Smiley Face is not copyrighted, though it is possible Wal-Mart has trademarked their version.
Short phrases are uncopyrightable, so “I’m with Stupid” is fair game.
Some good sites that may answer your questions more fully:
http://www.uspto.gov/
and
http://www.copyright.gov/
You might want to do the search to see if someone has already done what you plan to do. I recently heard of a case where a person put “Sweet Pea” on a mug and got sued by the person who copyrighted “Sweet Pea”!!! :eek: I did a search - there are dozens of varieties of “Sweet Pea” out there. Another one lately is an organization that used “Parent’s Night Out” on one of their flyers, and got a nastygram from a lawyer to stop!!
I’m sure that pictures are different – yours is yours; but wouldn’t you want it protected from others who take your creation and make money off it? Patent law (which includes trademarks and copyrights) is a very specialized area of law. To protect yourself and your creations, you would be wise to consult such a specialist. It would be money well spent.
Good luck.
The Perfect Master delves into the issue: Who Invented the Smiley Face?
I have no intention of making t-shirts with smiley faces or that say “I’m with stupid”. I have my own original ideas, I just needed to know how to protect them. Thanks for the info, RealityChuk and legalsnugs.
So do you have to register each image or work separately? That could add up.
It seems that if the work is unpublished you can include lots on a single CD or piece of microfilm and have them all covered by the same copyright. But for trademarks you have to pay a seperate registration fee for each category of product you include in the trademark.