Copyright in the sewing business, does it exist and how to fight for it
(Without legal terms and burdens).
Imagine this situation: you came up with an exclusive image, developed a unique model, drew a sketch, invited a designer, made templates, sewed a trial batch of products, took a photo, invested in marketing and promotion, then sold the product and made money. It sounds like the beginning of success, and it's time to start a second batch, but in fact, the failure has already taken place.
PUBAM! The model was stolen by "sewing pirates" and several workshops sew faster, a little worse, but much cheaper than you.
How was it stolen? Yes, there are a lot of options, for example, a designer sold patterns, but do not forget that a good designer can create patterns from a photo, or they just bought a product from you, disassembled and made a pattern for themselves.
And that's enough to knock off the hype and take the main profit. The model has become a running one, many have already wanted it and are advising their friends. And then an inexpensive copy appears, or even comparable in price, but the money has to be divided among everyone.
The most terrible and tragic thing is that very few people know how to deal with it, how to catch it " sewing pirate "and" hang on the yard ", well, or just protect against this theft. It is surprising, but there are ways of protection, read more about it later in the article.
Copyright, what it is and what it is eaten with
{{1} } To understand what copyright protection covers in the garment business, you need to understand that it protects end products, not ideas or processes. Hard? I'll explain now.
Here is a dress, you patented a unique technology or used copyright and registered it, the patterns and patterns become yours. If someone sews and sells exactly such dresses, then he automatically falls under this law, and he can be sued. But as legal practice shows, a legally correct letter and a warning about the consequences are enough. Unfortunately, our laws cannot estimate lost profits and a sewing pirate will never tell the truth - how much he managed to sell your products. Also, our courts do not know how to assess moral compensation, but at least they can prohibit the further production and sale of your product.
At the same time, the sewing process itself, technology, machines, overlocks or else something like that, in copyright, the appearance and parameters of the final product are important. (You can also apply for a patent for a technical process or method, if they are truly unique, and you can prove it).
That is, a specific unique technology, characteristic, and not a straight dress with polka dots, which has been produced for many years at hundreds of industries, is being patented.
For example, a brand of women's outerwear in the places where the finishing line passes along the jacket, cuts slots on its cutting complex, which in the finished form gives a visual image of a blown down jacket. Try to repeat this technology and you will understand who first invented it and patented it!
It is important to prove that no one has sewn exactly this before you. At the same time, you can take old ideas and elements and compile new ones from them.Half of the designers keep on this, it is called "rethought in the spirit of 20x, 30x, 60x ...".
Folk ornaments are a separate topic. Geometric designs and decorations are not subject to copyright. Therefore, if you want to make an original collection without plagiarism, feel free to refer to the roots.
It is important to understand that signing a copyright transfer agreement (if you are a designer or owner, and the copyright for creating a model belongs to you), after registration and even after death, for 70 years yours and applies to the whole world. This is in contrast to a patent, for which you have to renew every 5 years for a fee. And you will have to file a patent for each country or the whole world, otherwise your patent will work only in your country.
When does copyright confirmation really help?
In court, if you decide to go to serious litigation;
On Instagram and Facebook, developers are attentive to complaints backed by users' copyright documents. If there are facts proving your superiority, then the "pirates" can be banned forever, which is disastrous for commercial accounts in which they invest a lot of money. Moreover, no matter how many subscribers the violator has, social networks are strict against plagiarists.
On the marketplace, whose moderators also respect copyright.
Therefore, if you have unique models or prints, it makes sense to make sure that the fruits of your labors are not used by "sewing pirates".
How can you protect your developments?
The easiest way is to make them public. You can post sketches and photos of finished models, prints with attribution on the Internet, after which any use of this content without your permission is considered plagiarism and piracy. In the event of a dispute or a trial, you will have the photo itself and the date it was posted on the network as proof. The same story applies to the copyright of photography, all rights belong to the photographer and he can prohibit the use of his photographs at any time if you have not signed an agreement on the transfer of copyright.
If you cooperate with designers, constructors, photographers or any other specialists - sign a copyright transfer agreement, even if this specialist officially works for your company!
It is advisable to carry out correspondence of the agreement in e-mail, where data such as essence, date, sender, recipient is stored.
Any material evidence that this is your development will become a strong argument in a dispute.
It is important to remember that a visually modified 30% model is not considered plagiarism. That is, if the pattern is reworked, it will be almost impossible to prove that the idea has been stolen.
Always make a contract. If you hire a specialist, for example, a designer, or give a model to a contractor for sewing, immediately negotiate the right to use sketches and patterns. The contract is a strong argument in your favor.
If you have a creative discovery or exclusive, it makes sense to consult with a lawyer about full-fledged patenting or registration of a copyright transfer agreement. It is believed that it is very expensive to obtain such a document, it must be said that this is a fundamentally erroneous opinion.
Consulting a good lawyer costs $ 50, registration of a patent for 5 years in one country from $ 200. The contract for the right to transfer copyright will cost from $ 80. Registration of a copyright transfer agreement for one model or a whole collection - from $ 240.
While working on this article, we consulted with practicing lawyers and prepared a sample of a legally correct copyright transfer agreement (which you can purchase we have for $ 50).
Timely registration of copyright is within the power of most entrepreneurs.
Instead of a conclusion
In Ukraine, there is a huge number of forgeries, I must say, that such a situation is upsetting and upsetting, because there are already conscious people, and the seamstresses behave as in the 90s. Now it’s just a shame, but you have to defend yourself.
There were cases when world famous clothing brands accidentally or not accidentally used the developments of small companies.Of course, it is practically impossible to fight with highly paid lawyers of the corporation, but this event will resonate and against the background of this news, with the involvement of the media, you will receive almost free promotion and recognition of your brand, from which you will rather win than lose!
Therefore, use all means to stake out your copyrights, and in the case of piracy, feel free to defend them wherever possible. The louder and clearer it sounds, the better. Public opinion is now gaining strength, and if not voluntarily, then thanks to publicity, the media, sanctions and social media bans, Ukrainian sewing production will become better.