Well it turns out Ed was not considering ripping off Multiplex, but he, I think, naively thought Hitec would let him make it here while multiplex makes it Germany. Anyway you are partly right, but it all depends on where and how you make an ASW-27. For example if you own proprietary tooling and someone makes a new tool from a positive from your molds, that's infringement. I know of a case where in the Czech republic customs seized molds made this way by an unscrupulous Dealer.
The slightly altering and renaming goes on all the time with non scale stuff and why it is useless to try to copyright a fun fly airplane, reference the Zagi, look at all the look alike forms of that one. Laws vary in different parts of the world. JD Endless Mountain Models http://www.scalesoaring.com email: [EMAIL PROTECTED] > -----Original Message----- > From: TJB [mailto:[EMAIL PROTECTED] > Sent: Sunday, February 06, 2005 5:20 PM > To: John Derstine > Cc: soaring > Subject: Re: [RCSE] copyright infringment info > > Difference between Patent and Copyright: > > A patent is a set of exclusive rights granted by a government to an > inventor > or applicant for a limited amount of time (normally 20 years from the > filing > date). The term "patent" originates from the term to patent which means to > lay open (to public inspection) and the term letters patent, which > originally denoted royal decrees granting exclusive rights to certain > individuals or businesses. > > Copyright > A copyright provides its holder the right to restrict unauthorized copying > and reproduction of an original expression (i.e. literary work, movie, > music, painting, software, mask work, etc.) It is a legal right (usually > of the author or composer or publisher of a work) to exclusive publication > production, sale, distribution of some work. What is protected by the > copyright is the "expression," not the idea. Notice that taking another's > idea is plagiarism, so copyrights are not the equivalent of legal > prohibition of plagiarism. > > By law, copyright exists from the time of creation of "an original work of > authorship fixed in a tangible medium of expression." Today there is no > need > to put a copyright notice to have a copyright. Registration is not > required > to bring an action for infringement, but if the copyright was registered > prior to the infringement, certain statutory damages are available which > are > not available if the copyright is not registered. It is a matter of good > practice to place a copyright notice which includes the copyright holder > and > year of creation (e.g Copyright, JHU, 2001). Changing items, which include > some new work and some work created in prior years can include the > multiple > years (Copyright, JHU, 2000, 2002). > > Since the Alpina is not a "scale" model, but an original artistic > creation, > I would think it would fall under this category. > However, if there were substantial modifications/improvements and the name > itself was not used, then it would be a different plane altogether. > > Producing "scale" planes is a different matter. Anyone may make their own > "version" of ASW27 for example. > But to copy an Escape, Emerald, Taboo, etc. to sell in the market place > would be considered an infringement on the original creator's rights. > > T > > T&G > 32 Mount View Dr > Afton, VA 22920 > > 540 943-3356 > fax 943-4178 > 540 943-3356 > ----- Original Message ----- > From: "John Derstine" <[EMAIL PROTECTED]> > To: <soaring@airage.com> > Sent: Saturday, February 05, 2005 5:09 PM > Subject: [RCSE] copyright infringment > > > > In lieu of all the relevant conversation about copyright infringement, > > here is a post I just ran across on a thread in RC Groups. This is the > > problem, this guy doesn't seem to have a clue or any qualms about > > ripping off a manufacturers design. > > Quote------------------------------------- > > Alpina sailplane > > > > What if someone here in the U.S. had the capability to manufacture > > Alpina kits and put them up for sale? > > Would anyone be interested? > > > > ------------------------------------------------------- > > Here is the link. > > http://www.rcgroups.com/forums/showthread.php?p=3277586#post3277586 > > > > > > JD > > Endless Mountain Models > > http://www.scalesoaring.com > > email: [EMAIL PROTECTED] > > > > > > > > RCSE-List facilities provided by Model Airplane News. Send "subscribe" > > and "unsubscribe" requests to [EMAIL PROTECTED] Please note > > that subscribe and unsubscribe messages must be sent in text only format > > with MIME turned off. Email sent from web based email such as Hotmail > and > > AOL are generally NOT in text format > > > > RCSE-List facilities provided by Model Airplane News. Send "subscribe" > and "unsubscribe" requests to [EMAIL PROTECTED] Please note > that subscribe and unsubscribe messages must be sent in text only format > with MIME turned off. Email sent from web based email such as Hotmail and > AOL are generally NOT in text format RCSE-List facilities provided by Model Airplane News. Send "subscribe" and "unsubscribe" requests to [EMAIL PROTECTED] Please note that subscribe and unsubscribe messages must be sent in text only format with MIME turned off. Email sent from web based email such as Hotmail and AOL are generally NOT in text format
