Subject:
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Re: LEGO Company Welcomes Adult LEGO Enthusiasts
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Newsgroups:
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lugnet.lego.direct
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Date:
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Sun, 10 Dec 2000 01:41:53 GMT
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Viewed:
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9706 times
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In lugnet.lego.direct, Richard Marchetti writes:
>
> To what degree can one own the rights to a thing built entirely from the
> patented and copyrighted elements of a particular toy company? When does a
> particular assemblage of elements take on a meaning owned more by its
> designer, and in opposition to the rights of the company that created the
> elements of that same assemblage?
That's the real legal question. One where there may be lots of
precedent (in some countries) but may still be taken on a
case-by-case basis.
The pieces are patented (I'm not clear on LEGO's current patent
status, I seem to recall its scope changing significantly about
10 years ago). The printed materials and the product design sold
are copyrighted. If you copy any of those without persmission
you are in violation. This includes making your own pieces,
instructions, images, etc.
However, you would be allowed (in Canada, and IANAL!) to use
the pieces for whatever purpose you wish. You could build your
own designs and claim copyright over the design. TLC would
have no more right to your design than a paint company to
an artist's painting or a lumber mill to an architect's house.
Can you sell the pieces for your own personal profit? I believe
yes, *maybe* :] It depends on whether or not your sales
could hurt TLC. If you are somehow in direct competition with
them and they could demonstrate a financial loss, you could
be liable. The artist actually makes money for the paint
company, not competes with them. But someone selling MOCs
could be argued to be in competition with TLC, and using
TLCs own product against them would be a big-time bad.
Pretty much every single product in the world is made up
from patented/copyrighted elements. The manufacturers
rights are for the finished product, and do not extend
to the components. I believe you are free (again in
Canada, and again IANAL!!) to "reverse-engineer" products,
using parts of them in other products. Even bits of
software code. Or at least to determine how they are
made, to develop ideas for your own product.
TLC can no more claim rights to your set design than
you can to having made their pieces. On the other
hand if you *provide* them with the design information
directly, without a decent written agreement, you may
be out of luck...
KDJ
_______________________________________
LUGNETer #203, Windsor, Ontario, Canada
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Message is in Reply To:
 | | Re: LEGO Company Welcomes Adult LEGO Enthusiasts
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| (...) Rights? I don't disagree with your fundamental assertions here, Mark -- but what exactly do you think happens when you post several detailed images of your stuff to the internet? Sure, maybe some people write to you and want either the (...) (24 years ago, 6-Dec-00, to lugnet.lego.direct)
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