By Mark Lazarus, Director, Lazarus Legal, Australian Furniture Association Partner
Picture this: a furniture maker develops a sculptural reception desk for a commercial client. The result becomes central to the client’s space and brand. Months later, the same design appears in another of the client’s locations built by a different contractor using photos and specifications from the original job.
There was no agreement covering reuse. No registered design. And no payment for the second build.
Situations like this raise a clear legal question: when a client commissions custom furniture, do they own the design? And if not, how can designers protect their work from being reused without permission?
Copyright Often Fails When It Counts
Under the Copyright Act 1968 (Cth), original drawings, plans and 3D models are protected as artistic works. This includes design sketches, renders and technical diagrams.
However, that protection does not automatically extend to the final product. Once a design is applied to a physical object especially in a commercial setting, the legal picture shifts.
Section 77 of the Designs Act 2003 (Cth) states that copyright no longer applies to artistic works that have been “industrially applied”, typically when reproduced more than 50 times. This means protection fades right when the design becomes commercially valuable.
How to Secure Exclusive Rights Over a Design
Registering a design under the Designs Act is the most effective way to protect the visual appearance of a furniture product. This includes shape, configuration and surface features.
To be eligible for protection, a design must:
- Be new and distinctive
- Not be publicly disclosed before filing (or fall within a 12-month grace period)
- Be applied to a tangible product
Design registration is managed through IP Australia and can typically be completed online for a modest fee. It offers up to 10 years of exclusive rights and is especially valuable when creating pieces intended for commercial use, high-visibility fit-outs or scalable product lines.
When Clients Assume More Than They Should
Clients often conflate physical ownership with creative rights. If they paid for the product and no limitations were discussed, they may assume they can reuse the design.
This is especially common in retail and hospitality, where a distinctive design element such as a banquette, counter or lighting feature becomes part of the brand identity.
Without written terms, the law will look to the parties’ conduct. And in many cases, the burden will fall on the designer to prove that reproduction rights were never transferred.
How to Lock in Ownership Before the Work Leaves Your Workshop
To prevent misunderstandings, designers and makers should use written agreements that include:
- Intellectual property ownership – confirms the designer retains rights in the design
- Licence scope – limits use to a specific project, site or purpose
- Reproduction restrictions – prevents replication without written consent
- Confidentiality – restricts sharing of plans, specifications and renders
- Additional use terms – covers licensing or extra fees if the design is used in future projects
Even a short clause included in a quote, email confirmation or invoice can help establish the legal position. The key is to address these terms before fabrication or delivery.
If It’s Too Late to Prevent It, Can You Still Respond?
If a design has been reused without permission, legal action may still be available but only if the underlying rights are documented.
Options may include:
- Design infringement under the Designs Act 2003 (Cth), if the design was registered
- Misleading or deceptive conduct under section 18 of the Australian Consumer Law
- Breach of confidence, where plans or design files were misused in breach of trust or confidentiality
Each of these depends on the availability of documentation and the clarity of prior agreements.
A Design Is Only Yours If You’ve Protected It
Legal problems in the furniture industry often arise from mismatched expectations not bad intent. A client assumes they’ve bought rights. A designer assumes they’ve kept them. The outcome depends entirely on what was documented.
At Lazarus Legal, we regularly assist furniture makers, designers and studios in protecting their creative work from securing design registrations to preparing clear client terms that reduce ambiguity. Often, the most valuable protections are the simplest: a clause, a registration or a written confirmation before the work begins.
Design is where creativity meets commercial risk. To keep control, you need legal clarity before the work leaves your hands.
Contact Lazarus Legal HERE