[Linux-aus] No copyright for "functional" works?

[Kimberlee Weatherall]

Nothing to worry about there.  

There is a strange thing in copyright law called the 'design-copyright
overlap'.  It arises because we have registered design protection for
the visual appearance of 'industrial' objects (as opposed to, say,
artistic work).  Basically, if you could get industrial design
protection if you applied, and you choose to mass produce your product,
you are meant to go for design protection (which has a limited term)
rather than rely on your copyright rights.  You can't protect a way of
making a new designer kettle as a sculpture.  It gets really complicated
when you start talking about protection for design drawings though....

You couldn't apply for design protection for software (you can apply for
patents, of course, as we know - but there are no rules about the 
Patent-copyright overlap).  That means software is NOT affected by this
stuff.

Basically, don't worry about it.

Cheers

Kim Weatherall

-----Original Message-----
From: linux-aus-bounces at lists.linux.org.au
[mailto:linux-aus-bounces at lists.linux.org.au] On Behalf Of Neill Cox
Sent: Tuesday, 15 May 2007 12:05 PM
To: linux-aus at lists.linux.org.au
Subject: [Linux-aus] No copyright for "functional" works?

Today's Law Report on Radio National covered the story of a boat builder
who has found that no copyright applies to one of his designs becuase it
is a "functional" rather than an "artistic" work.

This makes me wonder about the implications for software. Normally we
protect source code with copyright, but if software is functional rather
than artistic does this mean that copyright doesn't apply? If so what
happens to the GPL?

The High Court found in a unanimous decision that the builder in
question
had no copyright protection for his plans but should have registered the
designs under the "Registered Designs Act" or somesuch.  (I'm relying on
my memory of the show from this morning so I may not have this name
correct).

Any IP lawyers on the list want to comment on this? I'd really like to
be
told that this is nothing to worry about :) Obviously, IANAL, so may
have
this all completely wrong.

The story is at:
http://www.abc.net.au/rn/lawreport/stories/2007/1923023.htm Sadly only
available in proprietary audio formats atm, but there will eventually be
a
transcript and the program will be repeated tonight at 8pm.


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