Question by Kadeo: Can garden pots be protected under copyright?
I’m doing an essay for a second year law unit at uni, and there is one question i can not resolve – Can garden pots be protected under copyright? I discovered that copyright only applies to original literary works, musical works, dramatic works, artistic works, broadcasts, sound recordings, films, typographical arrangements, performances and databases.
I don’t think garden pots fit in there, if anyone knows, please help!!
Best answer:
Answer by Bill M
If it has a unique design it could be considered an artistic work like a sculpture.
Give your answer to this question below!
A design on a pot could be, but not the pot itself. If it was a new form for a garden pot, then that would fall under a patent protection, not copyright.
no
No. If the design is unique, it can probably be ‘protected’ by a design patent, which deals with specific design features rather than utility as most patents. Design patents are almost impossible to enforce, though, since even very minor changes can invalidate them.
Yes, certainly. “Artistic works” include sculpture in any medium (wire, glass, ceramics, wood, etc). The “creative expression” embodied in a copyrighted sculpture is a very valuable copyright that can prevent others from making copies or derivative works (but not photos of your work displayed in public). The problem with a sculpture that is also functional is that your copyright (or design patent) gives NO protection to any functional aspect. Also, copyright does not cover anything created independently by others (even if it is coincidentally identical), nor anything that provided the impetus for the creation (the “ideas” are not protected).
There are provisions in the Rules of the Copyright Office for submission of photographs or other images of sculpture for the purpose of registration (optional) of the copyright in the works.