protocols on copying someones work

[brendan gardam]

there is a 21 ft powercat drawing in the multihull gallery. i would really like to use the cabin design if i decide to build a powercat. i have sent a message to the op but he has not been on the forum since 2005. are the gallery designs free to copy after so long .

 

[gonzo]

Is there a copyright or any other notice? Many people publish designs and don't care if anyone copies them. What is the link to the drawing?

 

[brendan gardam]

no its just a drawing gonzo, no plan . i just thought it would be rude to copy it without permission.

 

[brendan gardam]

 

[brendan gardam]

maciej was the bd member who had it in his gallery.

 

[Boat Design Net Moderator]

There have been some previous threads on what constitutes a unique feature and how designs are protected.

The thread Designer's Copyright https://www.boatdesign.net/threads/designers-copyright.38245/ provides a summary worth reading regarding various design protections to consider.

Have you tried contacting him through his website posted in his profile: www.pmcyachts.com

 

[brendan gardam]

thank you. i have messaged him. if i don't get a reply i will email his office.

 

[Will Gilmore]

That design looks pretty distinctive. If you are unsuccessful at contacting the designer, perhaps you could use it as inspiration and work up a unique design based upon the above concept.

-Will (Dragonfly)

 

[waikikin]

Whilst the drawing looks distinctive I'm not seeing anything much original in the features as they just look like the practical application of a forward raked wheelhouse & a truncated profile used by a couple of sailing cat designers in past for the lower section of superstructure. Might be good to ask where this designer got their inspiration from. I like the style of presentation.
Regards from Jeff.

 

[brendan gardam]

thanks will and jeff.

 

[Barry]

This above picture is an Axopar design and has similar lines as your sketch originator. You mention that this drawing is previous to 2005 so according to D Cockeys explanation, the sketch would not probably qualify for infringement. If you take a cut horizontally through boat just below the windows the upper half is extremely similar to the many forward slanting windshield boats available in the US and probably other parts of the
world.

The raised fore-deck below can be seen on the Boston Whaler and many many more boats. Not sure how the sketcher could claim a "new design" to be protected under Copyright or other design protection

,

Below a picture of large salon doors opening onto the cockpit. 70's Silverton

So the sketch originator may have used or been influenced by these or many other similar boats. Nothing new, nothing unique, nothing innovative in design.

 

[waikikin]

It's an interesting topic..
Where as a yacht builder one can design & create the most beautiful vessel such that some photographer might "click the shutter" capturing the light reflected from it and have greater rights over the objects image than the designer & builder does over the the product of design skill, sweat & months to years of effort and a different set of creative talents.... at least on this side of the planet...
For reflection..
Swarbrick successfully defends JS 9000 design https://www.sail-world.com/Australia/Swarbrick-successfully-defends-JS-9000-design/-12271?source=google
https://www.perthnow.com.au/news/wa/designer-loses-yacht-battle-ng-aca6ea46d20757b73e0e36eebfa8613f
https://www.cleardocs.com/clearlaw/intellectual-property/artistic-craftsmanship.html
A Selection Of The Best Copyright Cases Of 2007 - Intellectual Property - Australia https://www.mondaq.com/australia/copyright/58994/a-selection-of-the-best-copyright-cases-of-2007
http://www.austlii.edu.au/au/journals/CommsLawB/2007/15.pdf

Just doesn't seem just..
Jeff.

 

[Mr Efficiency]

Hmmm....I don't think the fella that drew that sketch you are interested in, Brendan, can expect a phone call from Pininfarina on the strength of that particular example of his work. Of course, that isn't a commentary on the rest of his contributions.

 

[DCockey]

Jeff, thanks for the links. I have not investigated Australian law regarding boat design rights. The High Court decision in the Swarbrick case that found that the design of the yacht was not a 'work of artistic craftsmanship' because of the functional elements of the design and therefore not eligable for copyright protection is similar to my understanding of US law regarding functional items not being eligable for copyright protection.

 

[brendan gardam]

It's an interesting topic..
Where as a yacht builder one can design & create the most beautiful vessel such that some photographer might "click the shutter" capturing the light reflected from it and have greater rights over the objects image than the designer & builder does over the the product of design skill, sweat & months to years of effort and a different set of creative talents.... at least on this side of the planet...
For reflection..
Swarbrick successfully defends JS 9000 design https://www.sail-world.com/Australia/Swarbrick-successfully-defends-JS-9000-design/-12271?source=google
https://www.perthnow.com.au/news/wa/designer-loses-yacht-battle-ng-aca6ea46d20757b73e0e36eebfa8613f
https://www.cleardocs.com/clearlaw/intellectual-property/artistic-craftsmanship.html
A Selection Of The Best Copyright Cases Of 2007 - Intellectual Property - Australia https://www.mondaq.com/australia/copyright/58994/a-selection-of-the-best-copyright-cases-of-2007
http://www.austlii.edu.au/au/journals/CommsLawB/2007/15.pdf

Just doesn't seem just..
Jeff.

i left albany at the end of 2008, i knew who john swarbrick was and remember when he set up his factory in town but i did not know he had those problems. it definately doesn't seem fair when someone can just take someone elses hard work like that.