Using Design Patents and Copyrights to Protect Nature Art
When you create art or design products based on natural forms and images, protecting them from imitators or copycats can present a problem. Design patents and copyrights can help, but creations must meet certain qualifications in order to receive the full protections possible when a work is based on nature.
Nature: the Public's Domain
Copyright and design patents have some limitations when applied to works and products based around things occurring in nature. Natural forms and images are part of the public domain, which means that no person can own a copyright or a patent over them. Keeping natural objects in the public domain ensures that nature remains open to use by everyone, which benefits the public by increasing the number of creative works and products that enter the market.
While no one may copyright or place design patents over nature itself, the creator of an artistic or useful expression of nature may obtain a copyright or design patent over their particular expression. For example, if an artist draws a faithful reproduction of a flower, she probably won't be able to prevent another artist from creating a very similar drawing of a flower since the flower belongs to the public domain.
If, on the other hand, the artist creates a very unique stylized picture of the flower, she can probably get a copyright on that image. The more a representation of a natural object diverges from the actual appearance of that object, the better the chances that an artist can obtain a copyright on that representation.
What Copyright Law Can (and Can't) Do
As mentioned above, copyright law will not give an artist the exclusive right to natural shapes and images. An artist cannot copyright the pattern of a zebra's stripes, for example. If, however, an artist adds their own artistic touch to a natural image, they can obtain a copyright over their individual interpretation. At that point, copyright law will prevent anyone else from displaying or reproducing their work.
For example, although an artist can't copyright zebra stripes, an artist could create a unique cartoon image of a zebra and then employ copyright law to prevent other artists from using the cartoon.
Design Patents
Many products in the marketplace incorporate natural images and shapes in some way. The creators of those products may be able to use design patents to prevent competitors from using the same design on their products.
Some natural representations that would not qualify for a copyright because they are too similar to nature may qualify for a design patent. Obtaining a design patent can be an expensive and lengthy process, but it also offers strong protection for functional art that depicts natural shapes.
In order to get a design patent, the design must accompany a functional product and the creator must submit a patent application to the within one year of the design's first use or disclosure.
Conclusion
In summary, exact reproductions of natural object won't qualify for copyright protection, but may qualify for a design patent if they adorn a functional object. In order to obtain a copyright on art that incorporates natural objects, the more artistic expression the better.