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Copyright overlap
Some creations can be protected by both copyright and design law.
The Copyright Act includes protection for artistic works, including 2D works such as paintings, drawings and photographs; and 3D works such as sculptures, models, and works of artistic craftsmanship. In some countries, artistic works are protected under both copyright and design law, but in Australia there are limits, depending when the work was created.
If your design is a 2D work then it may be entitled to protection under
both design and copyright. This will depend on whether it qualifies for
design registration.
If your design is a 3D work, then it could lose copyright protection simply
through use. It may therefore be necessary to seek design registration in order
to obtain any protection. To preserve your ability to seek design
registration, it is important that you speak to a patent attorney before you
make any non-confidential disclosures or commence manufacture of articles
bearing the design.
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