Copyright Protection matters

General discusson for Skatter for SketchUp

Moderator: jiminy-billy-bob

Copyright Protection matters

Postby Mike Lucey » Wed Apr 27, 2022 6:28 am

Hi Guys,

The designers among probably know something about Copyright Protection. It's quite a complicated subject but one that designers should be 'up to speed' with.

Copyright.svg.png


I have been doing some research on the subject and feel that the SketchUcation Site might be able to help designers protect their IP (Intellectual Property) from the often required publishing / proof of idea conception date point of view.

If anyone feels this might be worth exploring please let me know either on this topic or by sending me a private message.

Mike
0
User avatar
Mike Lucey 
Mayor
 

Re: Copyright Protection matters

Postby L i am » Wed Apr 27, 2022 10:12 am

You are correct it is a complicated subject and I am not a legal expert in this field but I have some understanding of the principles so do your own due diligence before acting on anything I say on the matter. Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. `
"he issued a writ for breach of copyright" So for instance you may design a piece of furniture and wish to claim copyright. You may even claim a "design patent"(design registration) on that piece of furniture that is "new or novel" But that would only protect you in regards to somebody designing an IDENTICAL piece of furniture. If they change the aspect ratio of the piece or add another drawer based on your design and that's it they are completely within their rights to do so. Bottom line is if you wish to register a design or claim copyright Unless you have a deep pocket to hire a bigger lawyer than their Lawyer you don't stand much of a chance. It kind of works like this if you register a Patent of any type you need to have the financial ability to fight it in Court. So if you think your intellectual property is being infringed you send a cease and desist order they could simply say see you in court we will challenge your claim. If you do not have the funds and they do, they will win. There are automatic copyright for artistic works but that is subject to different covention depending on your Country's intellectual property law.
If I am correct I think you are thinking about "Priority date" that is proof of the date the "inventor/designer" can prove they designed it before anyone else. For artistic works that may be fine (and even that will limit you to how many copies of the work you wish to produce)
Here is an example: say you design a "widget" you post the widget. I see the widget and think it is a great idea. I get a patent attorney to draw up a patent document and have the patent document registered patent or in this case a "provisional patent" filed at 02/12/2022 at 10 PM and the true inventor file his patent a week later, in court the person who filed the patent first has legal ownership.......end of story. Sounds unfair but that is how it works. So unless you have lots of money and cannot intimidate your opposition you will lose. I know I have generalised "intellectual property" it is soooo complex and most people have a very naive understanding of (Patents)
I asked an attorney once if proof of your idea in an email dated (X) is that proof thay you are the  "inventor" or proof that you posted it in a forum the fact is that you have chosen to make the "Idea" "public domain" and from that moment on you can not legally claim the intellectual property is yours.

My brain hurts now ;)



 
0

L i am 
Premium Member
Premium Member
 

Re: Copyright Protection matters

Postby Mike Lucey » Wed Apr 27, 2022 10:54 am

Thanks Liam for your take on the subject. I will outline what I have learned to date in a few days time. I have some good explanatory docs on the subject that will shine some light.

While I agree with a lot of what you say, there is one comment I would fly by you for now. You are right about 'big pockets' being able to rip off IP from 'small pockets'. However, there is one thing that can level the playing field for the 'small pocket' guy. With social media it's quite possible these days to air your case and let the public judge. 'Big Pocket' rip off merchants for the most part hate bad publicity and will sometimes settle with the offended/damaged party rather than face publicity that questions their business ethics.

On the subject of social media and its power I think its great that Elan Musk is opening up Twitter. He's even said that he hopes his critics remain on the platform and continue as normal provided its within the law! I also think Trump was too quick to say that he will stick to his own social media platform. I expect he will change his mind before he kickstarts his presidential campaign.
-2
User avatar
Mike Lucey 
Mayor
 

Re: Copyright Protection matters

Postby sketch3d.de » Wed Apr 27, 2022 3:16 pm

a concerning feature request in the offic. SU forums which shows some options which might help creators to protect their ip providing clients with content done in SU.

As a layman, I would in general be wary of statements regarding legal matters that could be construed as a legal advice.
0
User avatar
sketch3d.de 
 

Re: Copyright Protection matters

Postby Mike Lucey » Thu Apr 28, 2022 2:24 am

sketch3d.de wrote:a concerning feature request in the offic. SU forums which shows some options which might help creators to protect their ip providing clients with content done in SU.

As a layman, I would in general be wary of statements regarding legal matters that could be construed as a legal advice.


Hi sketch3d.de,

I read the post you linked to. Some interesting suggestions and comments there. But the idea put forward doesn't make a lot of sense when you think back to the days when just scaled 2D drawings were supplied.

In my case with most non tech clients I make a video presentation of the design/project and send this along with images. All to date are happy with this as they often have the video presentation on their mobile phone so they can show it to family /friends. I will probably move into VR presentations when the head gear becomes low cost.
0
User avatar
Mike Lucey 
Mayor
 

Re: Copyright Protection matters

Postby genma saotome » Fri May 13, 2022 10:03 pm

There are several very important facts to know when thinking about copyright:

First, The law only protects creativity, not workmanship, skill, or time invested. What that means is if your 3d mesh is of an existing object and you've made the effort to do the job as accurately as possible, your work cannot be protected by copyright because what you did is not different than making a xerox copy of a magazine page. That said, if you created the texture you applied to the mesh, the texture will probably be copyright protected even if the mesh isn't. Lookup Meshworks v. Toyota for a law suit that explains the above in detail.

Second turning to a lawyer to sue someone can be VERY expensive. I've been told it would cost a minimum of $35k to sue Joe Blow and go to court. Multiply that by 10-100X if it is Joe Blow Inc. and they have a decent revenue stream. If all you want is an impressive cease and desist letter that might set you back a couple of hundred dollars.

Third, under the latest changes to copyright law your creative work is protected upon creation, as in no registration is required. If you have something you think is really valuable, get it registered anyway as it may be a bonus in court. For myself, I think this is a terrible change because it also means this post, like every post, is copyrighted to its author and as such you may not use the entire text in any response w/o having a license to do so. Bizzare, but that is the law.

Last, most works created by individuals are protected for the rest of their life plus 75 years. Work for hire are, IIRC, protected for 90 years. I fail to understand why the term is much longer than that given a patent -- the answer is both Micky Mouse (literally) and Sonny Bono's music catalog and his desire to ensure his daughter/son has some income.
0
User avatar
genma saotome 
 

Re: Copyright Protection matters

Postby rahulsinghaniya » Fri May 20, 2022 9:14 am

True
0

rahulsinghaniya 
 

SketchUcation One-Liner Adverts

by Ad Machine » 5 minutes ago



Ad Machine 
Robot
 



 

Return to Skatter

Who is online

Users browsing this forum: No registered users and 1 guest