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Textile Designers, Copyright & the Internet: Unravelling some common myths
“The most innovative and progressive space we’ve seen – the Internet – has been the place where intellectual property has been least respected.” – Lawrence Lessig
For textile designers, surface artists, and fabric businesses across Australia, the internet offers enormous opportunity. Platforms like Instagram, Pinterest, and Etsy have become global showcases for textile art, enabling designers to sell directly to consumers and build international reputations. The flip side, however, is that these platforms also expose designs to higher risks of copying.
In this article, I will bust ten of the most common copyright myths that continue to circulate in the textile and fashion industries. Understanding the realities of copyright law is vital for protecting your creativity, deterring infringement and knowing your rights if your designs are copied online.
Myth 1: If it’s online, it’s free to use
Just because an image or textile pattern appears on the Internet does not mean it is free for anyone to use. Under the Copyright Act 1968 (Cth), original two-dimensional designs—such as those appearing on textiles—are generally protected as artistic works.
This means you, as the copyright owner, have the exclusive right to:
- Reproduce your work (e.g. replicate patterns on fabric, bags, or wallpaper); and
- Communicate your work to the public (e.g. posting your designs on social media or your website).
Case Study: Ripped Off in Cyberspace
Bronwyn Simmonds, of Melbourne-based Beni Creative, discovered that a client logo she designed had been copied and used by a business overseas without permission. One strongly worded cease-and-desist email led to its removal—but not every situation will resolve so easily. Legal back-up may be required if disputes escalate.
Tip: Always assume your work can be copied online. Use clear copyright notices, low-resolution previews where possible, or digital watermarks to make infringement more difficult.
Myth 2: Paying for a textile design means you own it
This is a very common misconception. If you commission a textile designer who is an independent contractor (not your employee), you do not automatically own the copyright. The designer retains copyright unless there is a written copyright assignment.
A proper Deed of Assignment of Copyright is needed to transfer copyright ownership. Australian courts require this to be in writing and signed.
Tip: If you want to control how the design is used in future collections, ensure your contracts explicitly transfer copyright or at least grant you an appropriate licence.
Myth 3: Copyright must be registered
Unlike patents or trade marks, there is no copyright registration system in Australia. Copyright arises automatically as soon as the work is created in a tangible form (e.g. drawn, painted or digitally rendered).
Designers sometimes “post their work to themselves” as proof of authorship. This is unreliable—envelopes can be tampered with, and courts prefer stronger evidence.
Better alternative: Keep detailed process records, including sketches, digital files with time stamps, and design journals documenting your influences and development process.
Myth 4: Mailing your design to yourself protects you
As explained above, posting your textile design to yourself does not prove ownership. Courts are unlikely to accept this as evidence. Comprehensive design records, drafts and progression notes held securely are far more persuasive.
Myth 5: Copyright protects ideas
Copyright does not protect ideas, only the expression of ideas in material form. For example, a general idea such as “floral fabrics with butterflies” is not protected. But the specific artistic expression—the colours, composition and arrangement you create—can be copyrighted.
Legal grey area: If your work too closely copies the “substantial part” of someone else’s textile design, you risk infringing copyright even if you claim inspiration rather than duplication.
Myth 6: Similarity = infringement
It is possible for two designers to independently create very similar works, especially in a trend-driven industry. In that case, there may be no infringement if no copying occurred. Copyright law does not prevent coincidence—it prevents deliberate or unconscious copying.
Case Study: Déjà vu in Court
In Ladakh Pty Ltd v Quick Fashion Pty Ltd (2011), two fashion labels disputed alleged copying of a butterfly textile print. Despite strong similarities, the court dismissed the case because there was no clear evidence of copying.
Tip: Before alleging infringement, gather evidence. Making unsubstantiated claims may expose you to liability for groundless threats under copyright law.
Myth 7: The “10% rule” protects you
Many believe that if you change 10% of a design, you avoid infringement. There is no legal basis for this “rule”. The test is whether the alleged copy has “substantially reproduced” the original work, judged in terms of quality and quantity.
If you “tweak” an existing fabric swatch and sell it as your own, you could still be infringing unless your new design is sufficiently different.
Myth 8: Internet = Public Domain
The term “public domain” refers to works whose copyright protection has expired—usually 70 years after the creator’s death. Just because something is publicly accessible online does not make it free to use.
For example, Da Vinci’s original Mona Lisa is public domain. But a modern artist’s digital remix of the Mona Lisa is copyrighted and would require permission or licensing before use.
Myth 9: Originality no longer exists in design
While fashion trends recycle and repeat, true originality in textile design still matters—both creatively and legally. Unique, original textile works are protected by copyright law in Australia.
Case in point: Sydney-based design label Polli has built its brand around distinctive textile-based jewellery and homewares. Such originality adds value and creates enforceable rights.
Myth 10: If I create a work as an employee, I own it
Not necessarily. The default rule is that if you produce textile designs in the course of employment, the employer owns the copyright (unless your contract says otherwise).
Independent freelancers, however, retain copyright in their work unless there is a written assignment.
Tip: Always check your employment or contractor agreement. If the rights matter to you, negotiate terms up front.
Protecting Your Textile Designs Online
To recap:
- Mark your work clearly with copyright notices.
- Monitor the marketplace, especially platforms where fast-fashion retailers could appropriate your work.
- Maintain detailed records of your creative process.
- Seek legal advice early before sending out threats or commencing proceedings.
- Copyright law in Australia can be nuanced, and disputes often turn on fine distinctions. By staying informed, you can better protect your creativity, ensure fair recognition, and secure the commercial potential of your textile designs.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.