Date:         Sat, 11 Jun 2011 10:06:10 -0700
Reply-To:     Poppie Jagersand <poppie.jagersand@YAHOO.CA>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Poppie Jagersand <poppie.jagersand@YAHOO.CA>
Subject:      Re: Copyright Questions: Item in hand,
              copy and make similar or same. VLVC
In-Reply-To:  <595898.22045.qm@web45305.mail.sp1.yahoo.com>
Content-Type: text/plain; charset=us-ascii

Original post had a couple of typos that made it say the opposite of what I meant. Wish there was an edit function...

> On 6/10/2011 11:59 PM, neil n wrote:
> > 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?

Not necessarily; perhaps not even in most cases. A key issue is if form directly follows function. Then the same embodiment would have been employed by another person designing the same thing, and it is not covered under copyright. If however unique elements are added (say decorations) then a verbatim copy would violate copyright.

Here is an example with some vanagon relevance. The linked web page shows four different designs of motor mounts to allow the installation of the 1.9TD engine and clear the wastegate on the turbo. Can be reproduced without copyright infringement? Consider how one would justify why/why not.

http://cs-www.cs.yale.edu/homes/jag/vw/engine/diesel1.9/motormountExpo.html

Cheers,
Martin (and Poppie, '82 Diesel Westy 1.9TD)

Footnote: In my day job I saw how two government organizations spent three years fighting each other on IP ownerships issues. As a consequence two research labs stood still, while numerous layers and administrators were fattening their wallets on the taxpayers tab. I had proposed already from the start that the easiest and best solution was to make all the IP public Open Source, and had even obtained support letters from the major industrial players and venture capitalists in the area (space robotics) that this would be the overall best solution.


--- On Sat, 6/11/11, Poppie Jagersand <poppie.jagersand@YAHOO.CA> wrote: