Design Copy Restrictions

[George M. Perzel]

Hi Gang;
On another post, someone mentioned that scrollsaw magazines typically have restrictions which limit the number of photocopies (10) which can be made. As I understand it, scroll sawyers typically will make copies of a design and glue them to wood and then scrollsaw, sometimes gangsawing multiple pieces.

1. Obviously, from a practical viewpoint such a restriction is unenforceable so what is it's purpose? Can each viewer of the magazine make 10 copies? Can I only make 10 of what the design represents?

2. Do I have the right to scan such a design and use the digital information instead of a photocopy to make a product? How many times can I use it?

3. Most woodworking magazines do not have such use restrictions. Obviously copying a design from a magazine and selling copies as your own violates copyright laws and is a no-no, but am I free to use the design to manufacture multiple items for sale?

4. Upon further research, I ran across a scrollsaw book which had the following restriction on the flyleaf:
" It is not permitted to make the designs contained herein by laser, water jet, CNC routers, engravers, or any other forms of high volume production equipment."
I really question whether such a restriction is legal and binding. I believe it exceeds the limits of copyright law and really begs the question of what constitutes "high volume production equipment".

There is no question that the copying of designs, music, videos, software, etc. has become pandemic in our society. Our government has essentially stepped back and said it's up to the courts to resolve most issues on the basis of civil law- not easy to get resolution unless you are a major corporation willing to spend the legal bucks. To fight back, it appears that some folks have chosen (probably on the advice of lawyers) to include statements in their published works such as those above to plant seeds of doubt and keep the doors open for possible liabilities. It does nothing more than create more confusion in a world where black and white has ceased to exist.

[Joe Pelonio]

The problem with copyright law is that it's not enforced by the police or any other government agency. It's only enforced by the owner of the copyright.
There's is no prosecution involved, their only recourse is to sue for infringement.

That means that a judge will determine, based on testimony, what is considered "high volume production equipment" on an individual case basis,
assuming they discover that use in the first place. Many of these companies do have staff to look for such things, especially on internet sales and auctions.

When in doubt keep a low profile and stick to small local shows.

[George M. Perzel]

A liitle further research has revealed the following:
In Winfield Collection Limited vs. Gemmy Industries Corporation in the court ruling the court stated that:
"The copyright protects the design 'against duplication of [the] design on a paper to be used as an instructional sheet by an unauthorized designer, but will not protect against the embodying of the design' in a similar looking object. Restated, the 'copyright gives [Plaintiff] the exclusive rights to make copies or reprints of the drawing only[;] it gives [Plaintiff] no monopoly of the article illustrated.'"

Basically, the number of items produced from a design is not limited.
Best regards;
George
LaserArts

[Joe Pelonio]

A liitle further research has revealed the following:
In Winfield Collection Limited vs. Gemmy Industries Corporation in the court ruling the court stated that:
"The copyright protects the design 'against duplication of [the] design on a paper to be used as an instructional sheet by an unauthorized designer, but will not protect against the embodying of the design' in a similar looking object. Restated, the 'copyright gives [Plaintiff] the exclusive rights to make copies or reprints of the drawing only[;] it gives [Plaintiff] no monopoly of the article illustrated.'"

Basically, the number of items produced from a design is not limited.
Best regards;
George
LaserArts

I think what's key to this issue is that a person didn't take the design and duplicate it in a manner that we would scan a magazine page and then engrave it unchanged. It's a completely different form. In other words, you could take a copyrighted object, draw it yourself by hand, scan it and engrave it freely. You could also use their original artwork to do an oil painting, watercolor or stone sculpture. Unfortunately a laser is more like a copy machine, and could be considered a direct copy rather than a "similar looking object."

[Dave Jones]

George, basically that is saying that you can glue the paper design to a piece of wood and can cut it out to make an object. But xeroxing or scanning that page is duplication of the page and would violate the copyright.

The magazines mentioned earlier apparently give the rights to make 10 photocopies of the page, something they can do since they own the copyright. If they don't say you can scan it, then scanning it would still violate the copyright.

Now if you want to draw your own drawing by looking at theirs, that would not violate their copyright.

[George M. Perzel]

Joe/Dave;
Thanks for the input- the more I get into this the less I want to get into it as there are no simple answers.
Let us assume I buy a magazine which has a full scale design plan for a widget with no stated caveats or restrictions. One of the reasons the plan is in the magazine is to entice me to buy it and to provide me with the necessary information to build the widget. I am not purchasing the rights to the design but I am purchasing the rights to use the design plans to build the widget. It follows then that I should be able to use the plans in any way to build the widget. I cannot make copies of the design and give them away or sell them but can make as many of the items embodied by the design that I wish Winfield Collection Limited vs. Gemmy Industries Corporation. More simply said, the owner of the copyright has the rights to limit reproduction of the design but cannot limit the manufacture of objects using the design (in this case where use of the design is "sold" as part of the purchase of the magazine).
The whole issue of photocopying versus scanning is another subject which I don't want to get into at this time.
Best regards;
George
LaserArts