Copyright Guide for Museums and Other Cultural Organizations

14.0 Industrial Designs

14.1 Industrial Design Protection

Industrial design registrations protect features of shape, pattern, configuration, or ornamentation in a finished article that are judged solely by the eye. Industrial design protects artistic characteristics of the article and not the functional features of it. Examples of protected features include the shape of a knife handle, the pinwheel patterns on crystal glasses, and the unique pattern of the tread of a running shoe. Protection only lasts for a maximum of 10 years and registration must be obtained in order for a design to be protected.

In some cases, both copyright and industrial design protection may appear to be available but exceptions in the Copyright Act apply. Where industrial design protection is available and the article to which the design is applied is manufactured in more than 50 copies, copyright protection is not available. Only industrial design protection would apply, with some exceptions. These amendments were made to the Copyright Act on June 7, 1988, and prior amendments apply for designs created before this date.