[Rhodes22-list] Stan's 27 foot hull design -- need Captain
Crawford!
FCrawford0707 at aol.com
FCrawford0707 at aol.com
Wed Feb 14 21:40:03 EST 2007
Ok, Ed, I'll give it a try (Keep in mind that I am a zoning and land use
lawyer and have never come close to dealing with intellectual property matters.)
I did a quick look at the Copyright Office information and from there the
Interim Regs and the IP 440 registration (as an example). The registration
looks to be pretty simple - the IP 440 was filled out by hand and several
photos were attached. I believe that the Office does not attempt to screen the
registrations - there is a procedure for any third party to contest a
registration (which I suspect is a pretty rare event).
The kind of weird timing requirement is that the registration must be
within two years of making the design "public". My best guess is that the most
common test for going "public" is to advertise the design for sale. But
maybe the 27 hull is now "public" simply by showing the pictures on da list. I
saw the hull when we were in Edenton it was "displayed" - maybe that made it
"public". If so, then it is too late to register now, as it has been so
displayed for more than two years. But since the hull has not been made into an
"actual vessel", I don't think the two years has started to run.
If it is determined that there is an advantage to registering the hull
design, then I would take the position that the prior limited display at the
factory does not constitute a "public" display of an "actual vessel". (I
think this is correct, btw). So the two year window for registration would not
yet have begun. It would begin only when an "actual vessel" (by this I believe
a finished boat) is publicly exhibited, publicly distributed or offered for
sale.
I do not understand why a registration is not to be made until after the
public offering or exhibiting, but that is the way it reads, so as I
interpret this, it would be premature to register until such time as a finished
model is completed and displayed.
And I am going to stick to zoning - where at least I have 30 years of
trial and error under my proverbial belt! This foray into copyright -related
stuff is too new a trick for this old dog ! So take the above with at least
two grains of salt.
Frone Crawford
s/v Sunday Morning
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