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Showing posts with the label Estelle Derclaye

Copyright or Design

I recently had Cambridge University Press send me a reviewer's copy of THE COPYRIGHT/DESIGN INTERFACE, edited by Estelle Derclaye.  Some background (I recently wrote an email to a friend outlining this, so I'm stealing from myself and saving some effort by re-using the material here): in the US the designer of an industrial product -- like a lamp -- does not create anything with copyright protection. It may be aesthetic (as in a certain Christmas movie, where the 'old man' wins a curvaceous lamp as a 'major award'), but insofar as the design feature is deemed inseparable from its utility as a lamp, it isn't a copyright matter. The designer (an Italian named Fragile?) would h ave to seek a design patent to have IP.   This is unfortunate for our Italian because a patent application, which brings with it the necessity of a prior work search, is a difficult labor-intensive process, and because copyright generally lasts a lot longer than patents. So ...