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  1. #1
    Join Date
    Jul 2016
    Location
    California
    Posts
    11

    Default Does the Fact That I Sell My Product Confer Automatic Copyright Protection

    I currently have a design patent on the appearance of a product, and would like to approach a company with a view to them licensing the concept.
    My design patent expires in a couple of years, so I'm exploring whether to apply for copyright protection as well.

    It's a unique product that I created 25 years ago, and I manufacture and sell it, primarily online, and have done for 10 years.

    I have applied for copyright protection twice, both times refused for 'lack of authorship.'
    On the first occasion I used the exact same image as I used for the design patent.
    On the second application, I added more detail, but it appears it's still not enough.
    I could add more detail again, but that may limit the companies I can approach for licensing.

    Am I over-thinking this?
    Do I already have sufficient copyright protection because the product exists in physical form, and I could prove it has done for several years?

    Many thanks for any advice!

  2. #2
    Join Date
    Oct 2016
    Posts
    3,021

    Default Re: Does the Fact That I Sell My Product Confer Automatic Copyright Protection

    Quote Quoting R92024
    View Post
    I currently have a design patent on the appearance of a product, and would like to approach a company with a view to them licensing the concept.
    My design patent expires in a couple of years, so I'm exploring whether to apply for copyright protection as well.

    It's a unique product that I created 25 years ago, and I manufacture and sell it, primarily online, and have done for 10 years.

    I have applied for copyright protection twice, both times refused for 'lack of authorship.'
    On the first occasion I used the exact same image as I used for the design patent.
    On the second application, I added more detail, but it appears it's still not enough.
    I could add more detail again, but that may limit the companies I can approach for licensing.

    Am I over-thinking this?
    Do I already have sufficient copyright protection because the product exists in physical form, and I could prove it has done for several years?

    Many thanks for any advice!

    If you have any copyright protection at all depends on what the product is.

    The fact that your patent is about to expire is going to reduce the value to license significantly.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,395

    Default Re: Does the Fact That I Sell My Product Confer Automatic Copyright Protection


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