Drafting Concepts - infringement of copyright


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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