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     Since March 1, 1989, it has been easy and inexpensive to protect copyrights in designs for fabrics, carpets and other textiles. That was the date the United States became a signatory to the Berne Convention and eliminated the requirement that copyright owners include a copyright notice on every "repeat" of the design. Yet despite the passage of more than a dozen years, many authors and owners of valuable fabric designs are unaware of the availability of copyright protection or fail to take the simple but necessary steps for maximizing protection of their rights.

     Under the Copyright Act, 17 U.S.C. 101, et seq., copyrights vest in an author from the moment an original, creative expression is "fixed in a tangible medium" - for example, in a drawing on paper or on a computer. Because the originality/creativity standard is low, a surprising number of works will qualify for copyright protection.

     It is still necessary, however, for the owner to register his or her claim of copyrights with the U.S. Copyright Office. The certificate of registration is the copyright owner's "ticket" to the courthouse, without which a lawsuit cannot be brought. Moreover, prompt registration is necessary to secure all of the remedies of copyright, including statutory damages (up to $150,000 per infringement) and an award of attorneys' fees. The certificate also constitutes prima facia evidence of ownership and originality.

     Registration ordinarily is a fairly simple procedure, although it is important that it be done properly. Any person who knowingly makes a false representation of a material fact in the application for copyright registration or any written statement filed in connection with the application may be fined up to $2,500. Such statements also may constitute copyright misuse.

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