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  #1  
Old 03-19-2010, 07:51 PM
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Default Now I'm confused!

I've been following that "other" thread about carving/ethics and copying and now I got a question.
First off I'm not trying to open any can of worms or anything like that, I'm just plain curious.
In every issue of WCI there is always several articles which have projects carved by various carvers from around the world. Most will be accompanied with a patten as well as several views of the finished carving. Usually (but not always) I will see the words " c 2009 Woodcarving Illustrated " printed alongside the pattern. I think this means that the pattern is copy-righted ?
So my question is: Just what limits are placed on using that pattern? Can I copy it and use it? Can I sell the finished carving (asuming I can find a buyer) ? Do I have to tell any who see it that I didn't design the pattern?
Wayne
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Old 03-19-2010, 08:12 PM
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Default Re: Now I'm confused!

WCI puts in the magazine-- generally near the pattern a statement that its "ok for a copier to make up to 10 copies for personal use"-- im sure this is to prevent someone from selling the pattern in a commercial situation. i can use a pattern twice and tho the general pose is the same-- the carvings are different--
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Old 03-19-2010, 08:20 PM
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Default Re: Now I'm confused!

The statement in the current issue is on page 4, lower right corner.

Claude
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  #4  
Old 03-19-2010, 08:27 PM
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Default Re: Now I'm confused!

Is a copyright the same kind of a deal like a patent? Just wondering, as a carver I know writes this on ALL of his work. I thought patents cost a lot of money, do copyrights cost a bunch of money also?? This carver is a friend of mine, and he don't hardly have enough money to buy the ink to make the (c) on his work let alone try to get a copyright on it. You all got my brain working over time....LOL

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  #5  
Old 03-19-2010, 11:31 PM
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Default Re: Now I'm confused!

Hey Gene, the short answer is no...the unfortunate part, it doesn't end there. Copyright is a protection to keep anyone from copying works covered by copyright. This is usually applied to written works, song and performances, certain works of art (pictures/paintings etc) and "loosely" applied to crafts. The other thread is very interesting in that Lynn is trying to protect some of his work...some things he gives away, others he wants to keep to himself.
The concept is valid, the fact that most beginning to intermediate skill carvers are hungry for what's hot...and it happens to be Lynn, everybody wants to be like Lynn.

A patent is usually granted for a unique creation and it is most often something that can be made. Patent is most often associated with mechanical devices...tennis shoes cannot be patented, BUT an improvement to a tennis shoe can be..Anybody that wants to use the improvement must pay royalties to the patent holder, hence the financial end of it.

A design patent is given for a small change to an existing product..boats come to mind, the one I am most familiar with is Boston Whaler/McKee Craft....
McKee Craft 17 is an almost carbon copy of the Boston Whaler 17. The difference is in the transom, as I remember the Mckee transom was tilted an additional 3 degrees, making it, in their eyes "a different boat" and Mckee won the lawsuit. It was a junk boat, no real competition for Whaler, more of an irritation...BUT they received a design patent for their boat.

I worked for a guy that did commercial fiberglass, he held several design patents for fiberglass products...get this..Pet Caskets....of all things, we made them in several sizes...you cannot patent the casket, but you can get a design patent for improvements/changes, etc......it is a hairy issue and unfortunately expensive because lawyers are involved.

AND, just because you have a patent/design patent/registered copyright does not mean that nobody will infringe.....it is the american way, after all...

jerry
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  #6  
Old 03-20-2010, 01:28 AM
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Default Re: Now I'm confused!

Soggy, Don't go there.

Tom
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  #7  
Old 03-20-2010, 07:57 AM
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Default Re: Now I'm confused!

Quote:
Originally Posted by Tom Ellis View Post
Soggy, Don't go there.

Tom
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Old 03-20-2010, 07:59 AM
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Default Re: Now I'm confused!

Thanks everyone ; especially Claude, I guess my question is answered. Not sure if it will change the way I do things, but it's answered ........
Soggy
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