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On Wed, 05 Jan 2005 17:02:44 -0600, Richard J Kinch
wrote:

The author of a literary work gets a copyright, but the author of a
gourmet dish or a brick wall does not.


Wrong. Both can be copyrighted and at least gourmet dishes have been
copyrighted. Presumably one could get a copyright on the design of a
brick wall if it was sufficently unique.


I don't want to get into chapter and verse on this detail, but my study of
the law (which you seem to hold in contempt, while holding your own
background as far above mine) finds an entirely different conclusion than
yours.


Very well. Cite your sources. Give us the court decisions and the
applicable laws. Heck, let's even see some law review articles.

One of your problems is that you basically haven't cited _any_
sources, except for "Fiest" which you pretty clearly didn't
understand. Your only source seems to be some half-digested concepts
and your own imagination.

If you'd care to cite a single instance of copyright for a recipe
or a bricklaying pattern, that is, that prevents anyone from making copies
by making that dish or building that wall, then I'd be thoroughly
impressed.


Be prepared to be impressed.

For architectural copyrights:
http://pacer.cadc.uscourts.gov/commo...3/00-7279a.txt

" Architectural designs unquestionably fall within the "sub-
ject matter" of copyright. Indeed, the Copyright Act ex-
pressly mentions "architectural works." See 17 U.S.C.
s 102(a)(8). "

See especially Section III of the decision.

Note that this decision, while narrowly overturning a summary
judgement by a lower court, also discusses the elements of
architectural copyright in general. (Unfortunately the end notes are
missing from the on line copy.) Also note that design elements can
clearly be copyrighted.

For a broader (and more comprehensible) discussion, see:
http://kitchen-bath-design.com/BUSIN...s_article2.asp

Architectural copyrights can even slop over into documentary making.
See: http://www.performink.com/Archives/l...2/7-19Law.html
"Even buildings usually thought of as being in the public domain may
contain some copyrighted architectural detail or copyrighted
sculpture. . ."

This wasn't particularly hard to find. It took me less than five
minutes to turn this up and there's a lot more where that came from.

Now, where are _your_ citations?

--RC
"Sometimes history doesn't repeat itself. It just yells
'can't you remember anything I've told you?' and lets
fly with a club.
-- John W. Cambell Jr.