Reply by HorizontalMike

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Posted on Ok to sell projects made from purchased plans?

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7756 posts in 2910 days

#1 posted 09-04-2012 11:40 PM

”...Ironically, copyrights, which protect most manifestations of artistic design and expression, are available to protect sketches of furniture designs, and photographs contained in a furniture catalog, but do not provide much, if, any intellectual property protection to the physical furniture built based on the designs in those photographs. [Habersham Plantation Corporation v. Country Concepts et al, 209 U.S.P.Q. 711 (Ga. 1980)] Thus, an artisan is prohibited under copyright law from making a copy of a manufacturer’s own photo, but is not necessarily prohibited from recreating the piece of furniture shown in the photo, unless that furniture design incorporates some kind of sculpture work or graphic print embellishment that is in itself a design separate from the piece of furniture. This is what the law calls “conceptual separability.” Absent a plausible argument that the overall design of a piece of furniture can, in effect, exist by itself as a work of art apart from its functionality as a piece of furniture, copyright law is unavailable to guard against wholesale copying of the article. For example, an artisan cannot obtain copyright protection for a fabric-covered chair per se, but may copyright the design of the fabric that covers that chair or the elaborate sculpture work that adorns the back or leg of the chair ….”

What this basically means is that you can build and sell furniture from those plans. You just can’t label them / mark them / embellish them as being ”an original” XYZ Brand piece.

-- HorizontalMike -- "Woodpeckers understand..."

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