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

Pia Waugh greebo at pipka.org
Tue May 15 04:21:41 UTC 2007


Hi all,

forwarded from Kim Weatherall just in case hers doesn't get through :)

Pia

--- Quoting 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

----- End forwarded message -----

Cheers,
Pia



More information about the linux-aus mailing list