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Re: my view

Posted by: Ian Johnston on December 26, 1999


Merry Christmas George,

> At best the copyright laws provide only protection for IDENTICAL copies.
> If you change the coaming height, omit a bulkhead, or change the deck
> fittings, you have a new boat that is not covered by prior copyrights.

I think the law states that the change must be significant. As none of these changes would affect the performance of the boat I doubt that a judge would see them as significant.

> At best once a boat design is published in a book or magazine there is no
> copyright protection. Anyone may make as many copies of that boat as they
> wish. (This is different from making copies of the book.) I think the
> correct way is to donate the book to a library and then check the book out
> each time you wish to build.

I think that the purchaser of the book can build from it but it would be un-ethical in my opinion to lend the book or drawings from the book to another builder.

> At best purchased plans can limit the prodution of a design only if the
> seller has in hand an agreement signed by the buyer that only one copy
> will be made. That agreement should include the destruction of the plans
> and tooling (inclluding forms) upon completion.

Legally maybe. Ethically!!!! If all we have to guide us in life is lawyers and judges we are a sad lot!

> For myself I usually do not copy plans. I have made 1 exception, a recent
> J. Winters design. I was bulk mailed something that I did not request
> containing enough information for me to derive the EXACT lines of one of
> his most recent boats. (I checked my derivation against his plans.) If
> someone asks me to build those boats I will without compensation to Mr.
> Winters. If Mr. Winter's complains, I will publish the plans. (I really
> hate bulk mail.)

Do you do this with all bulk mail? Did you build the little Christmas dolls that everyone gets a flyer for just before Christmas? Or was this just an opportunity for you to get something you wanted for free?!?! Just because something isn't solicited doesn't mean the laws don't apply to it.

> While I wish there were more protection for kayak designers works, I also
> wish there were more protection for those who do work that is not
> protected at all. (We all use the math and science we learned in school
> without paying for that right.)

The math and science we learned in school was paid for. Academia has systems and ethics set up so that the people who make these discoveries are credited with them. The ones who make the discoveries are the ones who get the prestigious (higher paying) positions.

All the best to you and yours in the New Year,

Ian


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