Just a few informal observations (not legal advice).
The originator of a work has automatic copyrights even without registering
it, although registration (which is easy and inexpensive) does provide
additional rights (recovery of court costs, usually a prerequisite to
hiring a lawyer on a contingency basis). However, I question that most
sundial designs are commercially valuable enough to go to court over to
recover damages.
Patents are different and must be both novel and applied for. A working
model is (I believe) no longer necessary. I doubt that most sundial designs
are commercially valuable enough to be worth applying for a patent,
although it may be ego-satisfying.
Given the long global history of sundials, I would think it might be
difficult to prove that a patent concept was novel, unless based upon
recent technology such as lasers or LCDs.
The above being said, I would think it courteous to discuss the proposed
use with the originator, albeit with the legal risks that this entails.
Gordon
At 07:31 AM 11/28/1999 , John Carmichael wrote:
But who has
the legal rights to the finished sundial, the author of the original article
or the manufacturer?
If novel, the author has copyrights to that which he published.
Now I'm no lawyer, but I would assume that the original author wouldn't have
published his new design if he didn't want the sundial to be built.
Just because an author publishes a book, for example, does not mean that
he/she grants rights to base a movie on it without royalties.
Now I
know that under copyright law that it's pretty much first come first served.
In other words, the first person to apply for copyright or patent
registration, regardless if he is the author or not, becomes the owner of
the invention.
If an idea is published then I do not think it to be subsequently
patentable by someone else who only reads of it, and I think that there are
time restrictions as to when the publisher can apply for a patent before it
enters the public domain.
Gordon Uber [EMAIL PROTECTED] San Diego, California USA
Webmaster: Clocks and Time: http://www.ubr.com/clocks
