Re: technical drawings

On Wed, Mar 01, 2000, Robert Panzer <bigbusie[_at_]aol.com> wrote:
>
> On Mon, 28 Feb 2000, Carol Cricow <carol[_at_]yujean.com> wrote:
> >
> > I have a client with a 1977 copyright registration for "drawing or
> > plastic work of a scientific or technical character." The item is
> > drawings for the design of a boat hull. The design, if it matters,
> > was originally made for a toy boat.
> >
> > A full sized boat maker is using the same shape of hull. Is there
> > infringement when the copyright covers the "drawing" and the original
> > item was a toy boat, not a full sized one? Does infringement happen
> > ONLY if the drawings are copied or if the drawings are made into a
> > real boat?
> >
> > I've read everything I can find on scientific drawings and functionality
> > v. aesthetics and I'm still not sure about this. Can anyone help?
>
> My understanding is that there is very specific legislation on boat
> hulls. You might want to check the Copyright Office site.

Check out Woods v. Universal City Studios, 920 Fsupp 62 (SDNY 1996). It held that building a movie set (for 12 Monkeys) based on published architectual drawings was an infringement of the copyright in the drawings. It may have some relevance to, or provide leads in answering, your question.

As for toy boat v. full sized hull, you will probably have a factual question as to whether there was actual copying.

Patrick W. Begos
Begos & Horgan, LLP
NY and CT
begos[_at_]ibm.net Received on Thu Mar 02 2000 - 14:17:50 GMT