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Forum topic by rance posted 06-25-2011 01:09 AM 1454 views 1 time favorited 16 replies Add to Favorites Watch
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rance

4245 posts in 2623 days


06-25-2011 01:09 AM

Topic tags/keywords: copyright copyright infringment

I came across this video about the fashion industry ( http://www.wimp.com/freeculture/ ) and it finally got around to talking about other industries. It seems that one of the determining factors as to whether we, as woodworkers, can copyright our designs may hinge on whether our design is ’Utilitarian’ or not. I could almost argue that virtually ALL of our designs are utilitarian. If so, then our designs have no leg to stand on. I’m not necessarilly rooting for one side or another. As for actual cases, I’m sure there are a small few that have actually been successful in copyrighting their desgn. I’d be interested in your opinions whether we should be able to or not.

-- Backer boards, stop blocks, build oversized, and never buy a hand plane--


16 replies so far

View WayneC's profile

WayneC

12642 posts in 3560 days


#1 posted 06-25-2011 01:12 AM

How many kerfmakers have been posted on this site? : ^ )

-- We must guard our enthusiasm as we would our life - James Krenov

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degoose

7196 posts in 2817 days


#2 posted 06-25-2011 01:15 AM

And drum sanders and sand flees…

-- Drink twice... and don't bother to cut... @ lazylarrywoodworks.com.au For lovers of all things timber...

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WayneC

12642 posts in 3560 days


#3 posted 06-25-2011 01:16 AM

Oh and real nice cutting boards…

-- We must guard our enthusiasm as we would our life - James Krenov

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shipwright

7167 posts in 2260 days


#4 posted 06-25-2011 01:20 AM

It has been suggested to me that I should copyright my hinge design: http://lumberjocks.com/shipwright/blog/23989 but I don’t think you can copyright common sense. .... No matter how uncommon it appears to be.

I also have to believe that there have been hundreds before me on that one.

-- Paul M ..............If God wanted us to have fiberglass boats he would have given us fibreglass trees. http://thecanadianschooloffrenchmarquetry.com/

View Joe Lyddon's profile

Joe Lyddon

9435 posts in 3515 days


#5 posted 06-25-2011 01:30 AM

Yep, I think we’re in the same boat…

Make minor changes & have at it…

BUT, you’d better NOT call it the same thing ... That would be illegal…

-- Have Fun! Joe Lyddon - Alta Loma, CA USA - Home: http://www.WoodworkStuff.net ... My Small Gallery: http://www.ncwoodworker.net/pp/showgallery.php?ppuser=1389&cat=500"

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rance

4245 posts in 2623 days


#6 posted 06-25-2011 01:42 AM

Yeah, that seems to be the kicker Joe. Potato, Potaahto, KerfMaster, KerfMaker, a couple of sticks.

-- Backer boards, stop blocks, build oversized, and never buy a hand plane--

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shipwright

7167 posts in 2260 days


#7 posted 06-25-2011 04:01 AM

Good one Rance, I really liked the Potaahto link.

-- Paul M ..............If God wanted us to have fiberglass boats he would have given us fibreglass trees. http://thecanadianschooloffrenchmarquetry.com/

View Steven H's profile

Steven H

1117 posts in 2523 days


#8 posted 06-25-2011 04:34 AM

So lets say I made a tool box, and the side has design in in it. Carved out.
Would this be considered copyright or trademark?

View Gary's profile

Gary

8968 posts in 2895 days


#9 posted 06-25-2011 05:13 AM

I wanna copyright all my mistakes so no one else will copy them

-- Gary, DeKalb Texas only 4 miles from the mill

View Sawkerf's profile

Sawkerf

1730 posts in 2531 days


#10 posted 06-25-2011 06:26 AM

I’m not sure just how you would copyright something, but the real problem would be identifying cases where your copyright was violated and taking the legal action to obtain restitution. Would ti really be worth it?

-- Adversity doesn't build character...................it reveals it.

View devann's profile

devann

2200 posts in 2155 days


#11 posted 06-25-2011 07:13 AM

I’ve had some folks tell that I should copyright/patent a table top design I concocted. While I have been making tables with this table top design for many years and I’ve never seen anyone else make one. I laughed at the suggestion and told them that I couldn’t have been this first person to think of arranging shapes in such a fashion to warrant a copyright or patent. http://lumberjocks.com/projects/42304 After all how many hundreds or even thousands of years have people been arranging shapes to make a finished shape of whatever they were wanting to build?

-- Darrell, making more sawdust than I know what to do with

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HerbC

1592 posts in 2322 days


#12 posted 06-29-2011 10:05 PM

There is a difference between copyright and patent.

You copyright a item that is published, such as a book, magazine, leaflet, pamplet, article printed in a periodical and also images such as photographs, paintings, etchings. You can not “copyright” an item such as a chair, desk, bed, table, etc.

If you have a “unique” design for an item it can be patented. Patenting makes it illegal for anyone to make a copy of your item for profit but an individual can make a copy for their own use…

Copyrighting an elegible work is relatively easy and inexpensive. Enforcing a copyright is much harder and more expensive.

Patenting an invention, design, item or process is much more expensive. Enforcement is also expensive.

Herb

-- Herb, Florida - Here's why I close most messages with "Be Careful!" http://lumberjocks.com/HerbC/blog/17090

View rance's profile

rance

4245 posts in 2623 days


#13 posted 06-30-2011 07:58 AM

After browsing another LJ’s scrollsaw work, it hit me that scrollsaw artwork might be something one might be inclined to copyright. But then there is nothing keeping someone from literally copying your artwork, changing one or two small aspects, then reselling it as their own. This could be a quirky cause for litigation, or at least the threat of one. The question then becomes how much do you have to change to make it your own?

I know its been discussed here before about how many of our original ideas are often a combining of bits and pieces of other projects that have inspired us. I’ll admit to that from lots of my work. For crying out loud, isn’t that why we buy some of the books we buy? To get design ideas? “400 Wood Boxes” comes to mind. (great book btw)

-- Backer boards, stop blocks, build oversized, and never buy a hand plane--

View Keith Fenton's profile

Keith Fenton

325 posts in 2382 days


#14 posted 06-30-2011 02:25 PM

There are a lot of rules related to derivative works which would still protect the copyright owner in such a case.

http://www.legalzoom.com/intellectual-property-rights/copyrights/what-are-derivative-works-under

-- Scroll saw patterns @ http://www.sheilalandrydesigns.com

View Keith Fenton's profile

Keith Fenton

325 posts in 2382 days


#15 posted 06-30-2011 02:34 PM

I believe the thing about patterns/designs is that you are allowed to make anything you want with them, but selling that project may be a different story. I think most if not all scroll saw pattern designers intend for you to sell the finished work if you like… just don’t sell or share the pattern itself.

-- Scroll saw patterns @ http://www.sheilalandrydesigns.com

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