# 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.

Sell Textile Data to AI · https://selltextiledatatoai.com/datasets/textile-design-ownership-rules/ · computed 2026-10-28

**Rules that give a design to the employer when made at work:** 1 of 8 instruments (8 texts read; 8 named).

## The answers, question by question

- **What it protects:** a two-dimensional print or pattern as copyright 3, the shape or configuration of an article 3, a limit on what the right covers 1, an ornamental design by patent 1
- **Who owns it first:** not stated 7, the employer, for work made in employment 1
- **The operative words:** stated 8

## Every instrument

| 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 stated | 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 stated | 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 stated | 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 stated | 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 stated | 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 stated | 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 stated | Separability analysis is necessary in this case. |

## The sentence each answer rests on (24)

- 17 USC 101 and 102, a useful article's separable design, [US Copyright Office, title 17 chapter 1](https://www.copyright.gov/title17/92chap1.html), 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](https://www.copyright.gov/title17/92chap1.html), 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](https://www.copyright.gov/title17/92chap1.html), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/213), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/213), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/213), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/215), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/215), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/215), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/51), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/51), 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](https://www.legislation.gov.uk/ukpga/1988/48/section/51), 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](https://www.copyright.gov/comp3/chap900/ch900-visual-art.pdf), 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](https://www.copyright.gov/comp3/chap900/ch900-visual-art.pdf), 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](https://www.copyright.gov/comp3/chap900/ch900-visual-art.pdf), 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](https://www.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](https://www.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](https://www.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](https://www.uspto.gov/web/offices/pac/mpep/s1502.html), 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](https://www.uspto.gov/web/offices/pac/mpep/s1502.html), 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](https://www.uspto.gov/web/offices/pac/mpep/s1502.html), 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](https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf), 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](https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf), 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](https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf), read 2026-10-28, The operative words: "Separability analysis is necessary in this case."

## Methodology

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.

## Sources

- [legislation.gov.uk, Copyright, Designs and Patents Act 1988](https://www.legislation.gov.uk/ukpga/1988/48/section/213) (read)
- [legislation.gov.uk, Copyright, Designs and Patents Act 1988](https://www.legislation.gov.uk/ukpga/1988/48/section/215) (read)
- [legislation.gov.uk, Copyright, Designs and Patents Act 1988](https://www.legislation.gov.uk/ukpga/1988/48/section/51) (read)
- [GOV.UK, How your unregistered designs are protected - GOV.UK](https://www.gov.uk/design-right) (read)
- [US Copyright Office, Chapter 1 - Circular 92 \| U.S. Copyright Office](https://www.copyright.gov/title17/92chap1.html) (read)
- [US Copyright Office, ch900-visual-art.pdf](https://www.copyright.gov/comp3/chap900/ch900-visual-art.pdf) (read)
- [Supreme Court of the United States, 15-866_0971.pdf](https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf) (read)
- [USPTO, 1502-Definition of a Design](https://www.uspto.gov/web/offices/pac/mpep/s1502.html) (read)

## Cite or embed

- 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).

Cite as: "Who owns a textile design, right by right", updated 2026-10-28, https://selltextiledatatoai.com/datasets/textile-design-ownership-rules/.

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