Clothing Descriptions

[sierramcconnell]

Okay, I'm really really guilty of wanting to know what people look like. I want to know their eyes, their hair, their clothing. I want to know DETAILS down to if they have a swingin' chain on their pocket.

I'm pathetic that way, because I like details about characters.

I also like to mix these into my books. But as such, I'm a fashion whore. (I hope I can say that here. XD) I get a lot of inspiration from my dolls and from making clothing for them. I know if I use those outfits I'm okay, because they're only copyrighted by me, so to speak.

But I'm curious. If I'm inspired by...say this set:

http://www.eluts.com/frontstore/Item/it ... og_num=130

and I write it into a book, change the color to be a navy hoodie with a cat on the front having the ears as pockets and eyes as buttons, but leave the fangs hanging off, but no tail...

Is that copyright infringing?

I know the chances of them seeing it, of them still having that outfit for sale by the time a book is out for publishing are slim to nil. Because they sell these things and they're gone in a year. But I'm still concerned. I don't want to hurt anyone, but it's very very cute.

[polymath]

Copyrights are limited to creative print or audio and visual media intellectual property. Tangible objects, like clothing, might be subject to patent rights, which are intellectual property in their own right. However, patent rights apply only to new inventions. Zippers, for instance, were at one time a patented invention. Velcro still is. Clothing with a distinguishably unique pattern or fashion can be trademarked, like for a Disney World theme park uniform, but I don't think the apparel in question qualifies. Regardless, an original written description of an item of apparel is a new intellectual property created by a writer's creative vision.

[sierramcconnell]

Cool. Because we often get into these debate\quarrels on the doll forums when the aforementioned doll company (and DollMore, another company) rips-off anime fashions and just tweaks them slightly to call them their own. XD It's hilarious. I figured I would be alright, since I'm just inspired by it and my description isn't exactly this, but I wasn't 100% sure.

[polymath]

For next time the debate comes up here's some talking point ammunition from the U.S. Copyright Office about protecting fashion design, which would have covered doll clothing design;

http://www.copyright.gov/docs/regstat072706.html

House Rule 5505, 2006 109th Congress, proposed enabling legislation for protecting fashion design died in committee and did not pass into law.

[saraflower]

Okay, I'm really really guilty of wanting to know what people look like. I want to know their eyes, their hair, their clothing. I want to know DETAILS down to if they have a swingin' chain on their pocket.

I'm pathetic that way, because I like details about characters.

I`m the EXACT same way!!