Re: [bolger] Re: Bolger out-of-print eBooks
- On 9/17/07, Stefan Probst <firstname.lastname@example.org> wrote:
> --- "Bruce Hallman" <bruce@...> wrote:I am not a lawyer, so I suggest reading the whole law to get the whole picture.
> > Not exactly, but close. Read the US law. I think the distinction
> > hinges on the concept that ideas deserve copyright protection,
> > but not functions.
> > With a 3D vessel shape you cannot separate function from idea.
> > http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17_10_13.html
> Those are many many pages. Which one do you mean?
But reading it I see that to be protected by this US Code:
Per sections 1301 and 1302, the design must be original (not a copy),
it cannot be standard, common, prevalent, or ordinary, it must be
different, it cannot be solely utilitarian and it must be 'new', that
is not have been made public for more than two years.
Section 1305, protection lasts for 10 years.
Section 1306, which says that for a design to be protected it must be
formally registered and marked with a 'circle D'. (And here is the
URL of that registry and I do not see that any PB&F boats had been
(By the way, this is a fun URL to look at because the links to the
application for protection forms have boat drawings to see. And I
love looking at boat drawings.)
Section 1332, the protection is not retroactive (for vessels prior to
October 28, 1998)
> What is the catch.Well, I might guess that under this system a boat designer is more
motivated to sell their services as a 'custom' "one off" designer of
complex boats for private owners, or as a designer for secret military
government boats. And, less likely to sell their services for 'spec'
simple recreational boats published publicly in books and magazines.
Once the design goes public, the designer quickly loses protection, so
there is little incentive to go public.