Re: Re: When Infringement Begins

Fixtures themselves are not the issue. Drawing/plans and proposal are for sure the original creation of your client.Unless the proposal mention clearly that the drawings are the property of the store (it might be the case if the store paid the designer -i.e "work for hire"-) the date of infringments should start when the store ordered the design to be used as a base for building the fixtures by another vendor. At least in France, it is very wise that designers, when submiting a proposal (or accepting a paid mission for design) make explicit that they retain the ownership of the submitted designs up until the designs are manufactured and rights issue properly documented and accepted by both parties. It is too expensive to protect all designs (through the Dessins et Modèles procedures) as very few of them are at last produced !!

Because Institutions like USPTO or OMPI do not apply any "prior art" search in copyrights and "similarity searches" on drawings, even if they charge an arm and a leg to simply "register" and then let the court decide, we are currently testing and stuyding a process of "unremovable electronic mark" allowing the designer to "stamp" his creation and be able to provide a full proof of his design source and anteriority, even if the drawings or digital files have been subsequently printed, rescanned, reprinted (up to 12 times) or published on the web in lectronic format. Such service must be affordable even by individual artists and creators and, even if it will not be a State or Goverment backed registration, it will at least provide solid evidence of infringment. Planned cost of such services should/will be around 2 to 5 € or $ (or $) per file including a 5 years, renewable, secured storage, making it affordable by every body. The system will also allow automated comparison of all designs for search and analysis purposes, ( by the way, we have copyrighted the process!!)
If there is interest on this, contact me off list!! Alain Minodier
aminodier[_at_]gaod.com

Elizabeth T Russell a écrit:

>First consideration is whether the fixtures are copyrightable at all.
>
>Beth Russell
>www.erklaw.com
>
>
>-----Original Message-----
>From: CNI-COPYRIGHT -- Copyright & Intellectual Property
>[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Mike Phillips
>Sent: Wednesday, August 10, 2005 4:51 PM
>To: CNI-COPYRIGHT -- Copyright & Intellectual Property
>Subject: [CNI-(C)] When Infringement Begins
>
>
>Client designed some decorative fixtures for a retail store and submitted
>them along with a proposal to manufacture them. Store took the
>drawings/plans to another company and had that company build the fixtures.
>The store is now open to the public and is using the infringing articles.
>When did the store's infringement begin? When they delivered the drawings to
>the substitute contractor, when the contractor delivered the finished goods
>to the store, when the store installed the displays, or when the store
>opened to the public? The date could be critical to filling an application
>to register the copyright in the designs "before the infringement begins."
>Any thoughts welcome.
>
>Mike Phillips
>
>
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Received on Thu Aug 11 2005 - 20:25:46 GMT