Subject:
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Re: LEGO Company Welcomes Adult LEGO Enthusiasts
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Thu, 7 Dec 2000 00:32:40 GMT
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Viewed:
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9152 times
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James Brown wrote:
> If I see a jacket in a store window, go home and make a jacket just like it,
> how have I violated copyright?
>
> If I see a garden from the street, go home and grow a garden just like it,
> how have I violated copyright?
>
> If I see a toy on the internet, go home and build a toy just like it, how
> have I violated copyright?
>
> Do you see what I am driving at here? Your design is yours, I'll not
> contest that, and if you tell me I can't build one unless I buy the
> instructions, that's your call.
>
> But as soon as you put any aspect(s) of your design on public display, I can
> do my best to duplicate it, and you have no recourse.
At some level, you are correct, but there are definitely areas where you
can run afoul of he law:
- patents. There isn't any "fair use" type of clause for them
- if you take a picture of your copy of someone else's MOC, and publish
it, you may be violating copyright even though you don't charge folks to
see your web site (copyright violation doesn't require the violator to
be making money).
- reverse engineering a set of instructions and then publishing those
instructions may be a violation
- looking at someone elses instructions and then creating your own is
definitely a copyright violation
Now one thing which might be debated is whether the expression of an
idea in the form of an arrangement of building bricks is a protectable
expression. If it is not, then copyright law doesn't apply. Trademark or
patent law could apply. Also, I'm not sure how design patents work but
they might apply.
TLC gives a great deal of freedom of license. They have effectively
granted Brickshelf license to publish instructions and catalogs. Thay
have effectively given Lugnet license to publish a catalog of box
covers/instruction covers/catalog pictures to produce a database of
sets. I'm not sure if anywhere they give explicit license for fans to
publish photos which include TLC sets, but most pictures of peoples
models, play rooms, displays, etc. probably actually fall under the fair
use clause (you are using a limited extract). Of course what is
interesting is that you should be required to recognize Shell's
trademark if you publish a picture prominently showing a model which has
Shell logos on it (I think that trademark law does recognize that
incidental exposure of a trademark in the background of a picture for
example, can not in any way be construed as misuse of trademark, but
IANAL, I'd love to see some actual cites on this).
--
Frank Filz
-----------------------------
Work: mailto:ffilz@us.ibm.com (business only please)
Home: mailto:ffilz@mindspring.com
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Message is in Reply To:
 | | Re: LEGO Company Welcomes Adult LEGO Enthusiasts
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| (...) Nope, that's not what I'm saying at all. I'm probably not being clear enough. To mirror your analogy, I'm saying that as long as I credit the band who wrote the song, and don't try to sell or republish the song, I can sing the song myself, as (...) (24 years ago, 6-Dec-00, to lugnet.off-topic.debate)
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