Can someone be issued a copy right for furniture design that has been in existence prior not previously made by them?

Someone could steal a previously copyrighted or patented design and make it again. However, the copyright can be renewed and often has been, and if so, using the design as is will be illegal. The agency checks new applications against old ones. There has to be a significant difference between the two to obtain a new copyright. If the design was not copyrighted, and you own the original, you may have a case. It will take a lot of effort and time to get your rights. An example would be the patent for intermittant windshield wipers.

Another Answer

Yes, unlike patents, there can be multiple simultaneous owners of the copyright on identical designs, as long as none of them copied the others. For example, ten people standing next to each other take pictures of the same thing at the same time; they each have their own copyright in the photograph they made, although they are (nearly) identical to all of the others. If you copy someone else's work you have no ownership of any copyright in your copy.

First answer by Simplemary. Last edit by Wutzyerproblem. Contributor trust: 442 [recommend contributor]. Question popularity: 23 [recommend question]