Most food & beverage companies don’t really think much about copyright. Copyright is the life blood of publishing, media, and software companies, but people who sell “real” products in boxes, bottles, bags, or other packaging don’t really give copyright a second thought. That could be a mistake.
Well-designed labels and other creative packaging can provide a more striking presence in the marketplace and add a layer of copyright protection to you already awesome product.
Copyright protects creative stuff. Most commonly, it safeguards writing, pictures, music, and video. Software is the other big player, though many people find the idea that software code is creative expression a bit strange.
I’ve written elsewhere about how every business is a publisher in the age of websites and social media. The glossy marketing brochure has been replaced (or at least supplemented) by a constant stream of writing, images, and video telling your story and keeping your customers engaged. So, copyright already has a place in the marketing of your products.
But what about the product itself?
In food, beverages, and many other consumer products, the product is the packaging. Yes, you need to have something good inside, especially if you want repeat business, but many purchase decisions are made primarily on the attractiveness of the packaging.
This is most visible in wine, spirits, and craft beer. When you scan a shelf of bottles side-by-side, there is no question that labels that are beautiful, funny, or just plain strange are more likely to catch your eye. Sometimes, a cool label is all it takes to get me to try something new. At the very least, a label that catches my eye will get me to examine it more closely and see whether it is something I might like. The importance of this initial attention is not to be overlooked.
What does label design have to do with copyright? Well, a label is, in fact, a work of visual art just like a painting or graphic design. As such, it is protected by copyright. Now, if your label is purely functional and includes only the name of the product and other information required by law, then there isn’t much there for copyright to protect. But if your label includes beautiful artwork or a unique graphic design, now you have something special. It distinguishes your products from others and is the kind of creative expression that copyright protects well.
As a bonus, a well-designed label lends itself to merchandising in t-shirts, posters, and promotional materials. And the same copyright that protects the label itself can protect the copies printed on t-shirts and whatnot as well.
Obviously, having a creative name that catches attention and people remember as yours is important. That’s what trademark is all about. But a creative visual design for your label can give a layer of protection to your product that transcends and complements your trademarks. It can even protect you against knock-offs in ways that trademarks don’t.
So, time and money spent on well-designed labels can pay off in the marketplace and give you additional options for shutting down imitators. And this approach is not limited to labels. It can be applied to boxes, blister packs, shrink wrap, and even products with printable surfaces.
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