Copyright issues

**ennder** · #1 02-06-2019, 10:54 AM

Over the years reading the forums here at PM and Z, One of the most asked
questions is about copyrights. "When is a design considered a new design?"

In 1997-1999 the company I worked for (Arkansas Glass Container Corp) and Ball
Glass was involved in copyright litigation over one of our designs for a customer.
After years of legal paperwork and multiple hearings, the Judge ruled that
because there was at least a 15% change, our design was considered to be a
new design and therefore not in copyright violation.

That being said. I don't see why, but other industries may have different
guidelines as to what percentage constitutes a copyright violation.

**Kevin WS** · #2 02-06-2019, 12:14 PM

Interesting.

But not being a lawyer I cannot comment. But perhaps we have a lawyer as a forum member with copyright law experience who could comment re paper models?

**Rubenandres77** · #3 02-06-2019, 12:32 PM

Quote:

Originally Posted by ennder

... the Judge ruled that
because there was at least a 15% change, our design was considered to be a
new design and therefore not in copyright violation....

Quote:

Originally Posted by Kevin WS

Interesting.

But not being a lawyer I cannot comment. But perhaps we have a lawyer as a forum member with copyright law experience who could comment re paper models?

It certainly would be nice to have a lawyer experienced on copyright of artistic/printed material.
As for me, I would not dare to take any Harry Potter book, rewrite a chapter or two to amount for 15% of change, and claim it a "new" product of my own.

.

**Ekuth** · #4 02-06-2019, 01:24 PM

Ugh. This discussion again? Why can't we just let this one lie?
If you create it, you own it- unless you specify otherwise or it's passed into CC:0 territory.

Piracy or alteration and redistribution (except when given permission by owner) of a model is WRONG.
At least it was when I ran the show over at Z and as far as I know it always has been and still is.

Until Rickstef says otherwise.

'Nuff said.

-E

(post edit: I would strongly suggest closing this topic. Every time this has been hashed out in the past, it leads to a thread lock.)

**nebeltex** · #5 02-08-2019, 04:08 PM

What many don't seem to realize is that there are many aspects to IP (intellectual property). These aspects include "copyright", "trademark", and even "trade-dress". "If you made it, it is your's", does not address all possible legal situations, or redress.

**Ekuth** · #6 02-08-2019, 04:31 PM

And here we go again. No, it doesn't address them all. I worked in the legal field for over a decade. Intellectual property is a very complex field and much is still being hashed out, or ignored.

But (unless things have changed) for the hobby's purposes and the forums...

That was the rule. No, it doesn't cover anything, but that's what was accepted
as unspoken and spoken policy; because otherwise we ended up caught in a never ending run of hair splitting over exactly the issues you raise- and never really touching on the central issue:

Piracy is wrong.

It's not about the ramifications. It's about the principles.

With that, I'm out of this conversation, because it's all been said and done ad infinitum ad nauseum. I still recommend a thread lock for exactly those reasons.

**SCEtoAUX** · #7 02-08-2019, 04:36 PM

I always wonder if it is ok to translate instructions from a webpage based set of instructions into the language of your choice and use the translated text and also the images from the webpage to produce a pdf and share it with others.

**nebeltex** · #8 02-08-2019, 04:53 PM

Praesum.

**Rubenandres77** · #9 02-08-2019, 05:54 PM

Quote:

Originally Posted by SCEtoAUX

I always wonder if it is ok to translate instructions from a webpage based set of instructions into the language of your choice and use the translated text and also the images from the webpage to produce a pdf and share it with others.

There is no single answer to that scenario. It depends on several factors. Some authors probably won't mind, some others probably do. And some may care only given certain circumstances. Bear in mind that the source text and images are still property of its authors, even if it is translated into another language.

Personally, I'd treat it the same way as recolors: with permission from the author, and for personal (non-commercial) use. It's a good way to start and to avoid trouble. But that's me.

**jaffro** · #10 02-08-2019, 06:09 PM

Not wanting to drag up an incident on another forum that got me banned for defending a designer whose work had been stolen, but yes, very messy discussions can come from this very grey area.

Long story short, in my opinion, if you start a "new"design work, based on someone elses work, no matter how much of it you change (even up to 95%)... If you do so without asking permission or giving credit to the original designer, that is theft of intellectual property.

I'm not a lawyer, that's just my opinion.