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Protecting Artwork That Uses Natural Elements: Copyright & Design Patent Laws

Many artists draw upon nature for their artwork. Yet protecting such artwork from copying is tricky. Generally, you can't claim rights to nature because the birds, bees, flowers, and the like are in the public domain. Yet in some instances copyright law and design patent law can provide protection.

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design patent

A patent issued on a new design, used for purely aesthetic reasons, that does not affect the functioning of the underlying device. Design patents last for 14 years from the date the patent is issued. For example, the unique flaring fender designs appearing on new model trucks to make them look more sporty are non-functional industrial designs that may qualify for design patents.

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Is it a violation of copyright to make art by painting or collaging over a book's text?

I am an artist who uses books as my medium. I buy a published book and I add collage, paint, and drawings, and otherwise alter the pages. I don't usually cover all of the text. Does this violate copyright laws, or is it the equivalent of accidentally dropping the book in a mud puddle?

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