Who owns a textile design, right by right
1 of the 8 legal texts read in the US and GB give a design made in employment to the employer, newest read 28 October 2026.
Who owns it first
What it protects
The operative words
The full board, one instrument per row
A instrument per row. Every answer opens onto the line it comes from, quoted exactly, with the text it sits in and the day of the read. "Not stated" marks a question the text leaves unanswered.
| Instrument | What it protects | Who owns it first | The operative words |
|---|---|---|---|
| 17 USC 101 and 102, a useful article's separable design | a two-dimensional print or pattern as copyright | not statedNot addressed in US Copyright Office, title 17 chapter 1 | A “useful article” is an article having an intrinsic utilitarian function that is not… |
| CDPA 1988 section 213, UK unregistered design right | the shape or configuration of an article | not statedNot addressed in legislation.gov.uk, CDPA 1988 s213 | Design right is a property right which subsists in accordance with this Part in an… |
| CDPA 1988 section 215, who owns design right | the shape or configuration of an article | the employer, for work made in employment | The designer is the first owner of any design right in a design which is not created |
| CDPA 1988 section 51, design documents and models | a limit on what the right covers | not statedNot addressed in legislation.gov.uk, CDPA 1988 s51 | It is not an infringement of any copyright in a design document or model recording or… |
| Compendium of US Copyright Office Practices, chapter 900 | a two-dimensional print or pattern as copyright | not statedNot addressed in US Copyright Office, Compendium chapter 900 | The registration specialist will refuse to register the blue variation because it is… |
| GOV.UK guidance on unregistered design protection | the shape or configuration of an article | not statedNot addressed in GOV.UK, design right | You get protection automatically - you do not have to apply or pay a fee. |
| MPEP 1502, definition of a design | an ornamental design by patent | not statedNot addressed in USPTO, MPEP 1502 | Since a design is manifested in appearance, the subject matter of a design patent… |
| Star Athletica v. Varsity Brands (2017) | a two-dimensional print or pattern as copyright | not statedNot addressed in Supreme Court of the United States, 15-866 | Separability analysis is necessary in this case. |
The source sentence behind every answer (24)
- 17 USC 101 and 102, a useful article's separable design, US Copyright Office, title 17 chapter 1, read 2026-10-27, What it protects:
the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from
- 17 USC 101 and 102, a useful article's separable design, US Copyright Office, title 17 chapter 1, read 2026-10-27, Who owns it first: The text is silent here; it was read in full on 2026-10-27, 389,618 characters long.
- 17 USC 101 and 102, a useful article's separable design, US Copyright Office, title 17 chapter 1, read 2026-10-27, The operative words:
A “useful article” is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.
- CDPA 1988 section 213, UK unregistered design right, legislation.gov.uk, CDPA 1988 s213, read 2026-10-27, What it protects:
(1) Design right is a property right which subsists in accordance with this Part in an original design.
- CDPA 1988 section 213, UK unregistered design right, legislation.gov.uk, CDPA 1988 s213, read 2026-10-27, Who owns it first: The text is silent here; it was read in full on 2026-10-27, 6,892 characters long.
- CDPA 1988 section 213, UK unregistered design right, legislation.gov.uk, CDPA 1988 s213, read 2026-10-27, The operative words:
Design right is a property right which subsists in accordance with this Part in an original design.
- CDPA 1988 section 215, who owns design right, legislation.gov.uk, CDPA 1988 s215, read 2026-10-27, What it protects:
The designer is the first owner of any design right in a design which is not created
- CDPA 1988 section 215, who owns design right, legislation.gov.uk, CDPA 1988 s215, read 2026-10-27, Who owns it first:
a design is created by an employee in the course of his employment, his employer is the first owner of any design right in the design.
- CDPA 1988 section 215, who owns design right, legislation.gov.uk, CDPA 1988 s215, read 2026-10-27, The operative words:
The designer is the first owner of any design right in a design which is not created
- CDPA 1988 section 51, design documents and models, legislation.gov.uk, CDPA 1988 s51, read 2026-10-27, What it protects:
It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design
- CDPA 1988 section 51, design documents and models, legislation.gov.uk, CDPA 1988 s51, read 2026-10-27, Who owns it first: The text is silent here; it was read in full on 2026-10-27, 5,423 characters long.
- CDPA 1988 section 51, design documents and models, legislation.gov.uk, CDPA 1988 s51, read 2026-10-27, The operative words:
It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.
- Compendium of US Copyright Office Practices, chapter 900, US Copyright Office, Compendium chapter 900, read 2026-10-27, What it protects:
Calliope Cash creates a textile fabric consisting of a blue and white vertically striped grass cloth and a traditional Chinese proverb.
- Compendium of US Copyright Office Practices, chapter 900, US Copyright Office, Compendium chapter 900, read 2026-10-27, Who owns it first: The text is silent here; it was read in full on 2026-10-27, 185,864 characters long.
- Compendium of US Copyright Office Practices, chapter 900, US Copyright Office, Compendium chapter 900, read 2026-10-27, The operative words:
The registration specialist will refuse to register the blue variation because it is identical to the preexisting “Baby Girl Fabric” design aside from the mere change in background color.
- GOV.UK guidance on unregistered design protection, GOV.UK, design right, read 2026-10-27, What it protects:
The shape and configuration (how the parts are arranged) of 3-dimensional objects is automatically protected in the UK
- GOV.UK guidance on unregistered design protection, GOV.UK, design right, read 2026-10-27, Who owns it first: The text is silent here; it was read in full on 2026-10-27, 3,780 characters long.
- GOV.UK guidance on unregistered design protection, GOV.UK, design right, read 2026-10-27, The operative words:
You get protection automatically - you do not have to apply or pay a fee.
- MPEP 1502, definition of a design, USPTO, MPEP 1502, read 2026-10-28, What it protects:
the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.
- MPEP 1502, definition of a design, USPTO, MPEP 1502, read 2026-10-28, Who owns it first: The text is silent here; it was read in full on 2026-10-28, 12,901 characters long.
- MPEP 1502, definition of a design, USPTO, MPEP 1502, read 2026-10-28, The operative words:
Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article
- Star Athletica v. Varsity Brands (2017), Supreme Court of the United States, 15-866, read 2026-10-28, What it protects:
The Copyright Act of 1976 makes “pictorial, graphic, or sculptural fea - tures” of the “design of a useful article” eligible for copyright protec - tion as artistic works
- Star Athletica v. Varsity Brands (2017), Supreme Court of the United States, 15-866, read 2026-10-28, Who owns it first: The text is silent here; it was read in full on 2026-10-28, 72,277 characters long.
- Star Athletica v. Varsity Brands (2017), Supreme Court of the United States, 15-866, read 2026-10-28, The operative words:
Separability analysis is necessary in this case.
How the figures are worked out
Each instrument's own the statutes, the court and the offices' own texts in the US and GB were read through estate-fetch and stored whole (sha256 on every row).
For every text, three questions were answered from its own words: what it protects, who owns it first, the operative words.
Every stated answer carries the sentence it rests on, checked against the stored text; 'not stated' means the text read does not address the question.
A instrument with several texts reads 'varies' where they disagree.
8 instruments, 8 texts.
8 sources, with links
- legislation.gov.uk, Copyright, Designs and Patents Act 1988 (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- legislation.gov.uk, Copyright, Designs and Patents Act 1988 (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- legislation.gov.uk, Copyright, Designs and Patents Act 1988 (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- GOV.UK, How your unregistered designs are protected - GOV.UK (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- US Copyright Office, Chapter 1 - Circular 92 | U.S. Copyright Office (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- US Copyright Office, ch900-visual-art.pdf (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- Supreme Court of the United States, 15-866_0971.pdf (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
- USPTO, 1502-Definition of a Design (cited for reporting; the publisher's own the statutes, the court and the offices' own texts in the US and GB)
Use this figure
1 of the 8 legal texts read in the US and GB give a design made in employment to the employer, newest read 28 October 2026.
What it protects, by instrument: a two-dimensional print or pattern as copyright 3 of 8, the shape or configuration of an article 3 of 8, an ornamental design by patent 1 of 8, a limit on what the right covers 1 of 8 (8 instruments, read 28 October 2026).
Who owns it first, by instrument: not stated 7 of 8, the employer, for work made in employment 1 of 8 (8 instruments, read 28 October 2026).
The operative words, by instrument: stated 8 of 8 (8 instruments, read 28 October 2026).
Credit as: "Who owns a textile design, right by right", updated 2026-10-28, https://selltextiledatatoai.com/datasets/textile-design-ownership-rules/.
The data as a CSV (24 answers, updated 2026-10-28)