Legal Question in Business Law in California

copyright

How can I learn if a design is copyrighted? I want to use a brooch made by Unger Brothers (no longer in business) in the early 1900s as a pattern for items (ceramic tiles) to sell.


Asked on 5/19/05, 1:17 pm

1 Answer from Attorneys

Ken Dallara Law Office of Ken Dallara

Re: copyright

First of all designs are usually trademarked if it relates to a particular company. This is the way it is in the jewerly business.

If it is copyrighted, go to www.copyright.gov (US Copyright Office) for link to their search engine, which will search the Library of Congress, where copyright specimens are stored. Look by Unger to narrow your search.

Even if it is copyrighted, you must ascertain particularly what is exactly is copyrighted, and has it been used elsewhere. If it so old and used that it might have become public domain. Copyright is good for life of author plus 75 (? check to see 1900's facts ). It might be available as the copyright might be dead.

The copyright office has some fairly good FAQ and brochures.

Call me if you still have any questions. Copyright can be a tricky field.

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Answered on 5/22/05, 9:05 pm


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