Copyright guidance

[bodrighywood]

This came up on my Facebook page and thought it might be useful for some.

Pete

[Bryan Milham]

An interesting flowchart, certainly food for thought and useful for guidance. Remembering of course that very few of us really invent anything new or original.

Strangely, looking at the reprint of Edition 1 of Woodtuning (free with this months copy), the first thing I noticed was how many things are the same and how much the artistic forms shown in it were reminiscent of some of the things we are doing now, thinking they are modern!

[David Buskell]

Interesting chart. only problem is in the UK, copyright and what is copyrightable, is covered by the Copyright Designs & Patents Act 1988 as amended.
Usually, it's only literary, dramatic, musical and artistic works always covered - subject to the definitions of each type of work, that is. Then you get films, sound recordings and performances coming in as well, again subject to the definitions of each.
Designs are an interesting area and there are new rules in place which others may know more about. My specialality is only musical works, I'm afraid.

This link gives you an idea of the Act's contents:
http://www.legislation.gov.uk/ukpga/1988/48/contents

The CDPA is good bedtime reading if you suffer from insomnia!

[The Bowler Hatted Turner]

Did you copy that?

[bodrighywood]

Did you copy that?

I lay no claim to originality or personal input. I give all credit to the original creator whoever it may be.

Pete

[Mark Sanger]

As Dave has clarified Copyright is not really something we would be covered by at all, more IP protection is our thing ACID web site will give you all the info you need about IP Protection, although you need to be a member to get to the online resources.

Interestingly though, people say things can not be owned in woodturning, nothing in new etc etc etc. In the latest copy of ACID magazine for members there is a case study of two ceramics companies, both selling simple white plates with a Japanese cherry blossom/flower design that looked very similar if not almost identical. 

The company who first put the design on their plates took the other to court, the judge ruled that the second company had breached Intellectual Property law and instructed them to pay damages and remove the design. If you saw the design you would think ' well that is just a painting of a plant/flower'. I am not able to post the article here as I would be breaching ACID's copyright, something I don;t think I want to do. However I will contact them and ask if I can post it with their permission. 

Now the cost to take someone to task is a rich persons sport (unless you are a member of ACID) in which case you have them in your corner, the reason however I raise this, is that if like me you want to include designs of blossom etc etc in your work you need to use licence free designs or come up with you own. Especially if you are say writing articles or books for money, you don't want some national company who's design you have ripped off sending you a letter and asking for compensation.

Unlikely anything will happen to small fish like us but firstly it is good to be aware of the law and adhere to it (if you are making money from your turning) and secondly and more importantly for me is to come up with our own designs as a place of pride instead of ripping others off.

The use or designs for money is wholly different to copying for our own development for non profit, even if you did sell the odd piece I don't anyone would waste the money on it, I am talking more about the mass production and magazine writing etc etc.

[bodrighywood]

As Dave has clarified Copyright is not really something we would be covered by at all, more IP protection is our thing ACID web site will give you all the info you need about IP Protection, although you need to be a member to get to the online resources.

Interestingly though, people say things can not be owned in woodturning, nothing in new etc etc etc. In the latest copy of ACID magazine for members there is a case study of two ceramics companies, both selling simple white plates with a Japanese cherry blossom/flower design that looked very similar if not almost identical. 

The company who first put the design on their plates took the other to court, the judge ruled that the second company had breached Intellectual Property law and instructed them to pay damages and remove the design. If you saw the design you would think ' well that is just a painting of a plant/flower'. I am not able to post the article here as I would be breaching ACID's copyright, something I don;t think I want to do. However I will contact them and ask if I can post it with their permission. 

Now the cost to take someone to task is a rich persons sport (unless you are a member of ACID) in which case you have them in your corner, the reason however I raise this, is that if like me you want to include designs of blossom etc etc in your work you need to use licence free designs or come up with you own. Especially if you are say writing articles or books for money, you don't want some national company who's design you have ripped off sending you a letter and asking for compensation.

Unlikely anything will happen to small fish like us but firstly it is good to be aware of the law and adhere to it (if you are making money from your turning) and secondly and more importantly for me is to come up with our own designs as a place of pride instead of ripping others off.

The use or designs for money is wholly different to copying for our own development for non profit, even if you did sell the odd piece I don't anyone would waste the money on it, I am talking more about the mass production and magazine writing etc etc.

I agree Mark and for me the moral and ethical aspect which I see highlighted in this chart is what is important. One thing that pees me off is when preople blatantly copy somthing without at least asking permission. I realise that as a general rule we can say that there is little that is truly original I do feel that people copying an idea you have had without at least asking is simply out of order. Happenned to me a couple of times at shows and seeing other turners taking photographs of things you have made in order to copy and sell themselves is guaranteed to get me making some comment.

pete

[David Buskell]

Here is a link to the full article of The Blue Bottle Tree website - It's OK, the site says you may share the file,

http://thebluebottletree.com/copyright-guidelines-polymer-clay-artists/

Definitely a US bias and the wording does not always reflect the UK Copyright Act.

If you have an issue with copyright or design, then consult your lawyer or join ACID as suggested elsewhere.

David

[Richard Findley]

This is something I have been pondering recently, although perhaps from a slightly different angle than some.

My main work is making things to commission, often from a drawing. If I'm sent a drawing, I make the thing. Simple. What if the drawing is a rip-off of someone elses work? How am I to know? Who is responsible - me as the maker or the guy that copied it and commissioned the work?

I don't let this keep me awake at night, but I was curious, and seeing as it seemed relevant... please discuss.

Richard

[Mark Sanger]

This is something I have been pondering recently, although perhaps from a slightly different angle than some.

My main work is making things to commission, often from a drawing. If I'm sent a drawing, I make the thing. Simple. What if the drawing is a rip-off of someone elses work? How am I to know? Who is responsible - me as the maker or the guy that copied it and commissioned the work?

I don't let this keep me awake at night, but I was curious, and seeing as it seemed relevant... please discuss.

Richard

I could not tell you directly Richard as I rarely do your sort of work. On the very rare occasions that I have I have had the customer sign a form to say that it is their/or a generic design and that they have not knowingly copied anyone else's work. 

I do know that as a member of ACID I have to comply with their terms etc one of which is not to copy other peoples designs etc. Again I am sure you know when a piece of work you are commissioned appears generic or individual, and in the later I would ask the question and get them to sign to say it is their design, or put a blanket cover in your terms and conditions.

[Mark Sanger]

You can't own a 'Red Berry' design, it is just a Berry that is Red

Here is the article about the Flower design breach I mentioned in my previous comments, it is actually a 'Red Berry'. The artice was actually in the public section of ACID so you follow this link Here There are many other case studies of breaches of copyright/IP on things that 'allegedly can't be protected as they are not new'  

note how they state that there is rarely direct evidence of copying but if there is a sufficient similarity between the designs then copying can be inferred. Meaning that if you take a design and tweak it a bit you are not free from IP law. 

[David Buskell]

If anyone needs intellectual property or copyright advice, I can recommend Nick Kounoupias at
www.kounoupiasip.com having worked with Nick for many years.

[Mark Sanger]

If anyone needs intellectual property or copyright advice, I can recommend Nick Kounoupias at
www.kounoupiasip.com having worked with Nick for many years.

Obviously very well qualified in the field. I see he has held an appointment with ACID. The benefit of ACID membership is that you can get IP and copyright advice from their legal team for the price of your membership. I would anticipate a private consultation would cost much more. Perhaps £200-£400/hour at a guess. 

[Mark Sanger]

Just checked he charges £400 + Vat/hour, I'll stick with the £15 monthly ACID fee.

[Mark Sanger]

Here's another myth dispelling and interesting link

If I change 7 things is it ok to copy something