A design on hair piece , can it be copyright? The process is my own not been used.

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If so how long take to safe & protected to sale?

Attorney Answers

4
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
A "design on hair piece" would not be the type of creative work that qualifies for copyright protection. It sounds like it's more functional, like clothing, even though it presumably has decorative aspects to it. So it could be entitled to a design patent, if it's novel and not obvious. See an IP lawyer for help, and you can prepare by reading the guide linked below or one like it. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Emily Bass ·
To some extent, the answer depends upon whether you are looking to protect the industrial or craft process that you use to create the design or the actual artistic design or visual work you have created. If you are looking to protect the underlying process, then your best recourse is probably to investigate design patents. If you are looking to protect the actual design, then the question becomes whether it is sufficiently creative and original to be eligible for copyright protection without reference to the object on which it appears (I.e., the hair piece or barrette). If it does constitute a stand-alone piece of artwork or visual design, it might be protected by copyright. In that event, while basic copyright protection attaches automatically, I would suggest attempting to "register" the copyright in the visual design by filing an application for registration with the United States Copyright Office. The forms can be obtained on-line at the U.S. Copyright Office website and filed for very little cost. The process is also a much less complicated and much quicker one to navigate than obtaining a design patent. It is best to consult with an IP attorney to help you figure out what type of IP protection, if any, your design might be eligible for. Before going to meet with the attorney, you should undertake background reading of the type other attorneys have suggested here. Good luck. Disclaimer: As 's Rules make clear, this answer does not establish an attorney-client relationship or constitute legal advice. It is for general informational purposes only.
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Daniel Ballard ·
I don't think I know what you're talking about. But I'll take a crack at the question anyway. I know what a hair piece is [a toupee or wig] and I know what a design is [the configuration of something] so, I gather, your "design on hair piece" is a particular configuration of a toupee or wig. In short, a hairstyle. And you want to know whether copyright law protects the hairstyle when its fixed onto whatever it is that holds together toupees and wigs. The answer is no. Copyright does not attach to hairstyles [either growing naturally on a person's head or stuck onto a toupee or wig]. As my colleague notes, your PROCESS of making the toupee or wig is potentially patentable. Hair pieces have been around for hundreds of years, however, which will likely make it difficult to distinguish your process from all the other processes used throughout history. But maybe yours is distinguishable. Only a patent attorney can tell you after you disclose your process to the attorney and he has a chance to evaluate the matter. If the above is not what you meant by "design on a hair piece" then you should re-pose your question with much more clarity. Good luck.
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Stuart West ·
All of the above is generally good advice, but one item needs to be cleared up. If you are trying to protect the appearance of a functional item, the a design patent would be appropriate. However, if you are seeking to protect the process, a UTILITY (not design) patent would appropriate. Utility patents are used protect processes/methods (and other items) while design patents protect the "ornamental design" of a functional item.
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