Re: Copyright protection of boat plans
Steve Korson Wrote:
design to protect it against copying can still not prevent construction of a
hull for study, even if he might lose income from sale of the plans. The
author who distributes the table of offsets in a book has no more right to
prevent their use for analysis on the grounds that such use damages book
sales. If anything, it should be easy to demonstrate that the number of
books sold for the purpose of building study hulls would be minuscule. All
of the information in the book, designs, technical data, and text, enjoys
equally much or little protection. The relevant market is the market for
books, not boats.
Peter Belenky
>However for items under currentIMHO, this is a misreading of the law. A designer who registers his new
>copyright, displaying all the technical information suitable for
>building a boat, even if posted as an evaluation, seems would violate
>the laws. Even though the purpose was an analysis, the result might
>impact the potential market for the value of the copyright work.
>Again, this becomes a subjective discussion for the law enforcing
>bodies.
design to protect it against copying can still not prevent construction of a
hull for study, even if he might lose income from sale of the plans. The
author who distributes the table of offsets in a book has no more right to
prevent their use for analysis on the grounds that such use damages book
sales. If anything, it should be easy to demonstrate that the number of
books sold for the purpose of building study hulls would be minuscule. All
of the information in the book, designs, technical data, and text, enjoys
equally much or little protection. The relevant market is the market for
books, not boats.
Peter Belenky
--- Inbolger@egroups.com, "Belenky, Peter" <peter.belenky@o...>
wrote:
of the books in question seem to be outside the protected age,
this comment is not for them.
However for items under current
copyright, displaying all the technical information suitable for
building a boat, even if posted as an evaluation, seems would violate
the laws. Even though the purpose was an analysis, the result might
impact the potential market for the value of the copyright work.
Again, this becomes a subjective discussion for the law enforcing
bodies.
- S
wrote:
> Some relevant information (from a non-lawyer).appears at
> The copyright law was changed in 1998. The full text of the law
>http://www.loc.gov/copyright/title17/[snip]
> (3) the amount and substantiality of the portion used in relationto
> the copyrighted work as a whole; and[snip]
> (4) the effect of the use upon the potential market for or value of
> the copyrighted work.
> It is not an infringement of the exclusive rights of a design ownerother
> for a person to reproduce the design in a useful article or in any
> form solely for the purpose of teaching, analyzing, or evaluatingthe
> appearance, concepts, or techniques embodied in the design, or thefunction
> of the useful article embodying the design.Very interesting post. Well thought out and explained. Since the age
of the books in question seem to be outside the protected age,
this comment is not for them.
However for items under current
copyright, displaying all the technical information suitable for
building a boat, even if posted as an evaluation, seems would violate
the laws. Even though the purpose was an analysis, the result might
impact the potential market for the value of the copyright work.
Again, this becomes a subjective discussion for the law enforcing
bodies.
- S
Some relevant information (from a non-lawyer).
The copyright law was changed in 1998. The full text of the law appears at
http://www.loc.gov/copyright/title17/
Chapter 1, sec. 107, the Fair Use provision states:
Notwithstanding the provisions of sections 106 and 106A, the fair
use of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all the above
factors.
Therefore, it should be legal to copy and distribute images of boats from
books or magazines, provided that the use is non-commercial and that
distribution does not damage the market for the work. This may be
particularly relevant to out-of-print books.
Chapter 13 protects the designs of vessel hulls. Protection lasts for ten
years and includes building boats from plan and copying existing hulls.
There are strict provisions requiring registration of designs within two
years of the time they are first made public for them to become eligible.
Therefore, it is unlikely that older designs would be protected.
It is not an infringement of the exclusive rights of a design owner
for a person to reproduce the design in a useful article or in any other
form solely for the purpose of teaching, analyzing, or evaluating the
appearance, concepts, or techniques embodied in the design, or the function
of the useful article embodying the design.
That means that you can copy even a registered design in a hull if your
purpose is, say, to test its performance and not to enjoy its use.
Neither unregistered designs nor registered designs more than ten years old
are protected by copyright law against building copies from hulls or
published or unpublished plans.
This suggests that if a book provides complete building information, the
author has no recourse against any reader who wishes to use that
information.
The case is different with plans sold by the designer or his agent. This is
so, because the sale of the plans includes a contract to permit the
construction of one hull. It also includes a certain amount of personal
consultation with the designer. Construction of more than one hull is a
breach of contract, not copyright.
...................................
Peter Belenky
The copyright law was changed in 1998. The full text of the law appears at
http://www.loc.gov/copyright/title17/
Chapter 1, sec. 107, the Fair Use provision states:
Notwithstanding the provisions of sections 106 and 106A, the fair
use of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all the above
factors.
Therefore, it should be legal to copy and distribute images of boats from
books or magazines, provided that the use is non-commercial and that
distribution does not damage the market for the work. This may be
particularly relevant to out-of-print books.
Chapter 13 protects the designs of vessel hulls. Protection lasts for ten
years and includes building boats from plan and copying existing hulls.
There are strict provisions requiring registration of designs within two
years of the time they are first made public for them to become eligible.
Therefore, it is unlikely that older designs would be protected.
It is not an infringement of the exclusive rights of a design owner
for a person to reproduce the design in a useful article or in any other
form solely for the purpose of teaching, analyzing, or evaluating the
appearance, concepts, or techniques embodied in the design, or the function
of the useful article embodying the design.
That means that you can copy even a registered design in a hull if your
purpose is, say, to test its performance and not to enjoy its use.
Neither unregistered designs nor registered designs more than ten years old
are protected by copyright law against building copies from hulls or
published or unpublished plans.
This suggests that if a book provides complete building information, the
author has no recourse against any reader who wishes to use that
information.
The case is different with plans sold by the designer or his agent. This is
so, because the sale of the plans includes a contract to permit the
construction of one hull. It also includes a certain amount of personal
consultation with the designer. Construction of more than one hull is a
breach of contract, not copyright.
...................................
Peter Belenky