Drafting Concepts - Copyright Issues


Copyright Info – How does Copyright Work become protected?

Information here has been sourced from the BDAQ Copyright Handbook, by R D Brandon First edition Aug 2001 & permission granted to use it.

For most of us there is a misconception as to what is Copyright.

The Copyright laws are most difficult to fully understand & even more difficult to manage.

For this reason I will only tough briefly on the subject to hopefully provide some insight.

COPYRIGHT EXISTS IN SKETCHES & PLANS NOT IDEAS OR CONCEPTS.

This in its self is wide open to contest.

How does Copyright Work become protected?

We know that the protection provided by copyright law requires no special action, no cost for registration or the like. It begins as soon as pen hits paper & lasts for 50 years after the author dies.

Provided the work is not a copy & that it is the product of the author’s skill & effort.

You can add a copyright notice but it is not required in Australia. (more…)

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The Copyright Owner

The Copyright owner: THE AUTHOR OF THE ORIGINAL WORK

Generally the person who gives “expression to the ideas or information”

i.e. The person who does the drawing even if it is a drawing of someone else’s ideas.

Except

  • An employee preparing drawings under the terms of employment does not own copyright.
  • Government usually retains copyright in work prepared on their behalf.

Only the copyright owner can reproduce- photocopy, hand copy, computer readable version, make public for the first time or broadcast or transmit the material.

But the client can use the work for the purpose it for which it was created. (more…)

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Copyright Infringements

You may be infringing on a copyright by:

Reproducing, making public, broadcasting the work or part of the work (not necessarily a proportionally large part but should be an important part).

Authorising any of the above &/or using material that infringes the above.

Note that importing; selling or distributing infringing material is also an infringement of copyright.

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Copywrite Summary

IN BRIEF SO FAR

  • No copyright exists in ideas or concepts
  • Client does not own copyright
  • Designer owns copyright in designs & drawings
  • Designer licences the client to use the work

CLIENTS SKETCHES

  • Client owns copyright in the sketch
  • Client provides licence for the designer to use the work for a purpose
  • Designer owns copyright in the design & drawings produced by the designer
  • Client can take the original sketch but not any work produced by the designer to another to complete identical work

You cannot prepare a new drawing by copying another designer’s work even if requested to do so by the client who provided an original sketch to the other designer. You can prepare new drawings from the original sketch, but you must maintain a full file on how the design was developed from the sketch. (more…)

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COMMON MISCONCEPTIONS

Common Misconceptions about Copyright:

WRONG

The law states that you are not infringing copyright if you do not know the work is subject to copyright.

WRONG

The client has paid for the work & therefore owns the copyright.

Unless copyright is assigned, the client is only licensed to deal with the work in a particular way.

WRONG

The client has infringed copyright by using the work without paying the fee.

Unless payment is a condition of the copyright licence.

WRONG

I have not infringed copyright because I have not changed more than 10% of the drawing.

You must not copy any element of the drawing. (more…)

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Copyright – From a Designer’s Point of View

On April 14th, 2010, posted in: Copyright Issues by

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FROM A DESIGNER’S POINT OF VIEW

  • Never knowingly copy the work of another copyright owner without specific written permission.
  • Maintain quality files
  • Obtain warranty & indemnity agreement from the client.
  • Provide adequate warnings to clients regarding copyright

This is really only toughing the surface. I will add more information over time. Be sure to check back often. (more…)

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