Date:         Sat, 11 Jun 2011 07:51:10 -0500
Reply-To:     mcneely4@COX.NET
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Dave Mcneely <mcneely4@COX.NET>
Subject:      Re: Copyright Questions: Item in hand,
              copy and make similar or same. VLVC
Comments: To: neil n <musomuso@GMAIL.COM>
In-Reply-To:  <BANLkTimU9ofiKmy3+t=H9XDN_VCXfLL-oA@mail.gmail.com>
Content-Type: text/plain; charset=utf-8

---- neil n <musomuso@GMAIL.COM> wrote:
> Hi all.
>
> Hypothetically speaking, this would be a "one off" for me to use at
> work. Did some patent searching online but didn't get any hits.
>
> If one makes an item, that is the same or very similar in function and
> appearance to original design, is this *generally* considered a
> copyright infringement?
>
> Item design appears simple and at most I figure $50 in materials.
> Likely less as some materials are on hand. Item new is $250.

"Items" are only copyrighted if they constitute published or publishable material.  "Inventions" are not copyrighted, they are patented.  BTW, copyright exists whether registered or not.  The significance is whether the item constitutes intellectual property, not whether the copyright is registered.  Same is technically true of patentable inventions.  In either case, proving a time line may become important if a claim is brought, and that's what patenting and copyrighting make simple.

mcneely