Plan copyright infringment
Bill,
I've read all the responses to date . . . and I think I'll 'put my oar in'.
First, the safety considerations. It's one thing to change the design of a
shelf, or some other house-hold feature, where the only consequence is that
the final effort may be butt-ugly. It's another thing when you'd be in,
literally, 'over your head' when you are done. In other words . . . know
what you are doing - FIRST. There is a specific way to lengthen a boat
design - and definite limit to how much will be safe. Because you are
actually working with VOLUME, it isn't a simple 'one-to-one' progression.
Another point is a basic scientific / engineering tenet . . . only change
ONE variable at a time. To '. . . change *all* the dimensions . . .' would
be a very dicey proposition, at best.
Now, as to the legalities and philosophical considerations . . . This same
subject has been discussed on the 'woodworking newsgroup' more then once.
There is a precept defined as 'Form Follows Function'. There you can't
copyright 'A Chair', or 'A Shelf', or 'A Cabinet', or 'A Boat'. Nor
something within that 'class', such as 'A Skiff'. However, from a truly
legal standpoint, if you change a 'critical piece or dimension's {add or
subtract a chine, an in- or out-wale, the shape of the stern, or a
significant change in length}it is not considered 'infringement'.
That being said, it also depends on how deep the pockets are on the
'ORIGINATOR'. Disney, for instance, defends their images . . .'womb to
tomb', and have NO humor on the matter. Many other 'corporations' are a bit
more lax . . . one or two pieces at a 'flea market' type setting are
typically ignored. Plus the fact that the public is fickle . . . trends are
very transient in this type of environment. Some plans are even sold with a
printed proviso that 25 {or so} items CAN be made.
Most boat plans {that I have seen}state that ONE boat can be made from them
{'unless prior arrangements. . ., etc., etc.'}. However we have ALL seen
offers for 'used' plans on this forum, on e-bay, and other venues. All the
ones I've seen have been for 'stock' plans. It is often stated that the cost
of the plans are only a very small fraction of the ENTIRE final cost of the
boat. The advantage of buying from the Designer {or his authorized Agent}is
that HELP is only a telephone call, e-mail, or letter away. {YES - designers
DO keep a record of who buys what . . . some even have a letter with a
Serial # accompanying them !!} While people like 'Dynamite' or Phil may be
truly nice people and answer some general questions, but a constant barrage
on a 'free ride' . . . ???
From a 'philosophical' standpoint I think it's a matter of 'intent'. To
'tweek' a design to suit YOUR specific circumstances {or propensities} is
like Peggy said . . . modifying a recipe. It's not that Joanne doesn't like
chili because of the 'heat' . . . she doesn't like the smell of CUMIN. So I
just leave it out. If I remember correctly, 'Dynamite' said that he wanted
to sell plans for boats 'that got built'. Which is why his books feature
Full Feature Plans, and boats can be built from them. Agreed, a full sized
set are easier to read, etc. I even make copies of the 'originals', to take
into the shop. The one time I've contacted 'Dynamite' & Phil about a boat,
was when I was asked to repair a 7-year old one. While the hull 'proper' was
sound, the owner had stored the boat up-side down . . . 'on grade' and the
transoms were rotted out!! NOT my epoxy & glass 'sheathing' . . . but the
3/4inch Mahogany {MY modification - the plans called for 1/4inch} stock. The
customer had asked about 'repair' {which we all thought impractical}. My
'solution' was to cut off both transoms and about an inch of hull. Then
build & install new ones . . . shortening the boat by about 3 to 4 inches.
Neither had any negative comment about either my 'modification' or
'solution' - only the obvious . . . build a new boat. {which I offered as an
alternate . . . much less then the 'repair', but still not the same price as
7 years ago !!}.
On a similar note, I had contacted Phil several years ago about putting a
small 'pilothouse' on 'DIABLO'. His opinion was that the hull size would not
'balance' the structure . . . and recommended 'DIABLO GRANDE' as a platform.
Also, if memory serves, I read an article wherein Phil had requested that
his name NOT be associated with a severe modification to one of his designs.
It was not a question of copyright, he was of the opinion that the changes
would be UNSAFE and make the boat DANGEROUS to operate.
Regards & Good Luck,
Ron Magen
Backyard Boatshop
"Bill" wrote in message
. ..
Is it considered copyright infringement to change all the dimensions on
the
plans in order to enlarge the boat for personal use?
|