Design on Someone Else's Dime: The Profiteering of Interior Designer's Works from a Lack of Rights in the Modern Era

Authors

Kim Carlson, University of Georgia School of Law

Abstract

Rooms once viewed as utilitarian in nature- places to work in, sleep in, or cook in- have gone through a dramatic transformation. Now, people view these rooms as an outward reflection of their style. In the last few decades, people’s eagerness to renovate these rooms exploded. As a result, home designer shows soared in popularity, garnering millions of views. Consumers flocked to different media forms and stores in search of the latest paint and furniture trends. The heightened demand, coupled with prevailing social media marketing, forced interior designers to become innovative in creating and advertising their services. While the increased interest generated a substantial surge for interior designers, others saw the attraction as an opportunity to exploit these works for profit. Infringers began claiming these transformed spaces as their own or creating knock-off versions. Currently, interior designers receive no protection for their work under current copyright or trademark laws. What existing contiguous protections that do exist offer no practical protection for interior designers. This note asserts that existing copyright and trademark laws allow for deceitful behavior, and updated provisions would give adequate protection to interior designers without resulting in creating adverse consequences in the industry.

Recommended Citation

Kim Carlson, Design on Someone Else's Dime: The Profiteering of Interior Designer's Works from a Lack of Rights in the Modern Era, 28 J. Intell. Prop. L. 397 (2021).
Available at: https://digitalcommons.law.uga.edu/jipl/vol28/iss2/4