Copyright on old plans [Archive]

Ian Easton

May 10, 2004, 12:32 AM

I know this has been discussed at great length in the scale forum regarding recent designs; but what are the copyright laws regarding plans from the 30's and 40's.

If I draw up a set of plans from a tiny drawing that I find in a book or magazine that's 60 years old and want to sell copies of those plans, where do I stand legally?

Ian

www.plansandplanes.com

vintage1

May 10, 2004, 04:00 AM

I think this again might do better in a general forum.

I know there is a limitation on copyright of books of some period - all the old classics - Dickens etc - are long out of copyright.

50 years rings a bell here.

Here is some info
http://inventors.about.com/library/bl/toc/bl_copyright_expire.htm

It would seem that for things published before 1963, if there is not copyright logo on the plans, its public domain.

It gets fairly complicated. As far as I can make out scanning various bits of legislation, anything prior to 1978, had a 28 year automatic copyright UNLESS a re-application to bring it under newer laws was made. That means that chances are anything pre 1978 expires at lastet in 2006. Chances are you can use anything pre 1976.

In this case Ian, I woukld take 1975 as yoiur cut off date, and 'publish and be damned'

Its up o teh holder of teh original; copyright to

(a) Prove that they hold it
(b) Prove that it is extant
(c) Prove that you owe them the $15 you have mde on selling a plan :D
(d) Pay their lawyers $100,000 to take it to court.

In short, its probably in practice not something to lose sleep over.

If you HAVE a friendly lawyer, its worth having a quick chat.

OTOH, this whole area is riddled with plagiarism, and unless you are specifically presenting the thing as identifiably a reproduction of an antique, who is to say that its a copy? Rather then an 'artists impresssion' - just slip a carbon fibre spar in it and challenge the world to say that it was originally published with a LIPO pack CF spar and brushless motor :-)