Australian Copyright Council

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FAQ

How do I prove a design is my own?
15.6.2008

People often ask how they prove that a design is their own when there are similarities in most designs. There are stock elements to many designs which are unlikely to be protected by copyright. For example, a design for an average T-shirt would not be protected by copyright. A work must be “original” to be protected by copyright. A court may be asked to determine a dispute about who owns a design when it cannot be resolved by negotiation. The court considers all the evidence, which will include evidence from the designer as to how the design was created and perhaps evidence such as drafts of the design and sketches made at the time the design was created. It is therefore a good idea to keep copies of drafts and working drawings.