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

[Paul Antoine]

Neill,

To my knowledge this applies to hardware designs too.  My circuit board 
*artwork* and the schematics are copyright, as is the firmware/software 
(in some jurisdictions), but NOT the design itself as it would be 
"obvious to a person skilled in the art", and not renderable on paper or 
recordable media accepted by the courts :-)

So in the case of the boat builder it would be the design drawings 
themselves that are copyrighted, not the instantiation of them in the 
form of the boat.

P.

Neill Cox wrote:
> 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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