Thread: Legal Issue
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Herman Family
 
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"Robert Bonomi" wrote in message
...
In article ,
WillR wrote:
Robert Bonomi wrote:
In article ,
Mark and Kim Smith wrote:

TrailRat wrote:


A little debate between friends has led me to spill it among the
newsgroup. The debate is over mass produced furniture and the
reproduction of it in a private workshop.

The question goes along these lines. Is approaching a flat-pack
supermarket or furniture store with the intention of copying a piece
illegal.

A few of the answers state that it must be a breach of copyright laws.
Another answer states that if a carpenter copies a piece
unintentionally, then he'd break a copy right law. Other answers state
that various pieces follow the same basic principles, i.e the design of
a wardrobe is the same on many levels but there are many variants.

So whats the opinion of the group. Maybe I'll share it with my friend
next time I'm down the pub. Yes, the debate started over pint.

TR




Depends on what you are going to do with the reproduced piece? If it is
for personal use or you're going to give it away free (or as a gift),
have at it.


BZZZTTT!!!!

*NOT* correct. NOT CORRECT *AT*ALL*.

You are very probably safe, if it is for 'personal use'.


BZZT wrong answer.

See my other post. Read the damned copyright act.


I *have* 'read the damned copyright act'. U.S., U.K., Netherelands,
Denmark,
and Swiss versions.

"give away for free (or as a gift)" is *not* a protected use.


I gave the links.


If it goes 'out of your hands', to somebody else, an entirely
*different*
set of considerations come into play.


That would come under the criminal provisions -- assuming a profit motive.


It is a violation of statute, even *without* a profit motive.

RIAA, MPAA, and others in the US have filed multiple lawsuits. and won.

Copy all you want. Just like making personal copies of
CD's, records or tapes, etc. If you are reproducing to make profit,
then you can get into a lot of monetary trouble, at the very least.
Copyright owners frown on you making money off of their work.

Copyright owners frown on _any_ "unauthorized copying" of their work
that
is not covered by the 'fair use' exemptions in copyright statute.

"personal use" is, actually, an "iffy" justification under U.S.
statutes.
Copyright law in other jurisdictions is more specific in allowing it.


The best idea is to look at a few pieces, find what you like and don't like,
and make something similar with some novel features of your own, such as
different moldings, wood, joinery, size, etc. Direct copies of a current or
recent past item aren't such a great idea.

The other side of the issue is whether or not you get caught. There is no
prosecution possible if no one complains and no one else knows about it.
Copying a piece directly could get you into trouble if the right person
found it in a timely manner. That person would probably have a serious axe
to grind and a fantastic knowledge of furniture. Your chances of trouble
increase with volume and similarity. Moral of this is to avoid the
temptation to mail a picture of your creation to the guy who actually
designed the piece.

After you are actually caught, the manufacturer would have to decide if
prosecution was worthwhile. Launching a $50,000 case to recoup a couple
hundred dollars in lost profit doesn't sound like a good idea. If this is
some small piece which is the bread and butter of a little nearby shop, they
might very well take it as an offense, especially if you started
distributing it to their potential customers.

Then again, the thought of a custom made duplicate of an off the shelf item
sounds a bit strange to begin with. You don't often see a recipe that is
advertised to taste "Just like the canned stuff you get at the market."

Michael