Patterns and copyright

[jgalak]

I spoke to my Copyright professor this week, and asked him about whether one could copyright an armor pattern so as to keep people form making the item commercially.

According to him, there are 3 basic issues to deal with.

1) Originality:
The fact is, what we do isn't original - we are recreating existing pieces. So while Ugo can certianly protect his works, it's not clear a pattern for a bascinet is original. However, if there's something truly original about a pattern (a neat new way to make a welded helm where the original was raised from one piece), even though the result would look like a period piece, the pattern is copyrightable.

2) Utility
There's a rule in Copyrigth law that physical items that have utilitarian uses are not copyrightable, unless there is separation (either physically or conceptually) between the utilitarian and decorative/artistic components. So if a helm was purely a display piece, it would probably be ok, but since many of us fight in the armor, we'd need to show separation (in a similair case, courts have held that Halloween costumes were utilitarian). Thus, a helm with specific decorations, or of unusual shape is protectable, but if it's only got the basic defensive aspects to it, then it may not be.

3)
The issue I thought would come up, that copyright on the patterns would not protect the finished items turned out to not be applicable. There's case law that says that if you copyright blueprints to a house, you also have protection for the house.

So, in concluion, unless there's somethign trully creative and original in your pattern, copyright law doesn't help.

However, if there is, you can certianly post it with a statement that allows non-comercial only use of the pattern, in whatever form you wish.

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Yehuda ben Moshe
mka Juliean Galak

[Galileo]

So... How is that Lego Blacksmith's shop that you won on eBay? Did ya get it yet?
<font size= "1">You don't know how hard it was not to bid against ya...hehehe....</font>

[jgalak]

Well, I appreciate you not bidding.

I got it, and built it on friday. It's really neat. I may take some photos at some point.

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Yehuda ben Moshe
mka Juliean Galak