Copyright question...
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8 years ago
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olychick
8 years ago
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8 years agoRelated Discussions
Copyright and Plans
Comments (5)Where did you see the design and do you know the identity of the author of the work? Was there a copyright notice? A copyright notice is not required for protection but anyone who wants to discourage copies usually includes a notice. All house designs use ideas and design elements from other houses; it is a matter of how closely a design is copied and whether or not the author/owner cares to protect it. I would not worry about using a few good design ideas but I would not use someone else's drawings to build a house without compensation and/or permission. But if you have hired an architect it will be his/her issue to deal with since the copying and the new copyright will be the architect's responsibility. I also find it difficult to imagine an architect would not want to change the design to meet your specific needs, tastes and location. This post was edited by Renovator8 on Fri, Jan 3, 14 at 12:58...See MoreCopyright Infringement? Am I correct?
Comments (19)The fact that other houses might "look like this" is not necessarily the standard a court would use to determine if a copyright infringement had occurred. The usual test is if the building is "substantially similar". Courts have used the "ordinary observer" or "overall look and feel" test, under which two works will be substantially similar if a "reasonable, ordinary observer, upon examination of the two works, would 'conclude that the defendant unlawfully appropriated the plaintiff's protectable expression'." In this instance the contractor would need to show how he could have arrived at a virtually identical arrangement of unprotectable design elements without relying on the previously published work of Connor Homes. If the work was registered before the infringement occurred the author could collect statutory damages and attorney's fees instead of just an award of actual damages for lost profits and criminal penalties could apply if the infringement was willful....See MoreThe copyrights of design
Comments (72)No one has a copyright on leaves. No-one has a copyright on William Morris's "Willow Bough" either, as I hope I explained clearly enough the other day : ) . And I'd be interested to learn how many contemporary fabric and wallpaper designers go to the trouble of copyrighting their work... By the way, here's an interesting article from the V&A about wallpaper and the "ransacking of past styles" (below). From which, "The V&A' s collections were brought together with the specific aims of inspiring good design and offering the best of the past as well as the present to inspire and elevate the tastes of designers and manufacturers, and also of consumers. Morris himself adapted patterns from textiles which he saw in the V&A in the 1860s, and wallpaper designers have continued to use the Museum's historic papers and textiles as a resource, copying or modifying them to produce period collections." The article includes a detail from some Osborne & Little wallpaper, c1975, adapted from William Morris's Willow design for printed cotton (about 1895). The V&A's page for the 1970s fabric notes that Osborne & Little's "range of wallpapers and fabrics has always included adaptations of Victorian patterns, as well as their own original designs. They have often used the collections at the V&A as a source of ideas." Here is a link that might be useful: V&A article,...See MoreCopyright????
Comments (14)Interesting. I was curious so I researched the law. It isn't simple or straight forward as one would expect from our legal system. First of all, in general, most government records are public domain. Are passport photos considered gov. records? (You can get copies of old passports from the Dept of State.) Secondly, since the passport photo was probably created as part of someone's employment, the work does not belong to the photographer, but to the person/persons who hired/employed the photographer. The photographer does not hold copyright on work done for hire or as part of an employment contract. Thirdly, before the copyright laws of the 1976, works had to be marked, registered, or otherwise identified as copyrighted. Works not in compliance when the laws changed, became public domain. The laws in effect in 1909 limited copyrights for 28 years. Since this 1909 law was in effect during WWII, the copyright would have expired before 1976 and the photos would now be public domain. And last, since these may be European photos, none, or all of the above may apply. To further muddy the waters, the Professional Photographers Assoc tells callers that portraits done before the 1980's that are unmarked front or back, are the sole property of the holder to do with as they wish. A signed release of liability is usually accepted in instances where the photograph is very old. The document assigns liability to the signer if legal issues should arise. I have found most professional photography studios will not hesitate to accept a liability waiver and reproduce any number of another photographer's studio portraits for a fee. Ethical? Wal-mart's stands by the general rule, never take chances, we don't want a lawsuit. That is certainly their right. FYI, the US Copyright Office says on its website: Who Is the Author of a Work Made for Hire? If a work is a work made for hire, the employer or other person for whom the work was prepared... Who Is the Owner of the Copyright in a Work Made for Hire? If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless there has been a written agreement to the contrary signed by both parties. Sec. 103. This Act does not provide copyright protection for any work that goes into the public domain before January 1, 1978....See More
maddielee
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