RC Skydiver Plans: Updated III
Please explain.
Perhaps I misunderstand how copyright law works (I'm by no means a lawyer), but I am having trouble seeing how this could possibly be a copyright infringment. Allow me to explain...
I was there when this little guy was designed -- all the way from a few scribbles on a napkin to its final completion. I watched him be created from different materials until a suitable combination was found. I watched unsuccessful jumps during the early phases of the project while the little things were being lined out (like the best way to pack the chute). So saying that these plans are infringing on your copyright really doesn't make sense to me. I seen them created, and I can vouch for the authenticity of the author.
I did a little digging trying to educate myself in copyright law, and I did find a few interesting tidbits. First I wanted to see if these plans needed to be "officially" registered with some office in order to be properly copyrighted. Here is a quote from the US Copyright Office web site:
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, section Copyright Registration.
So it appears that no actual "official" documents needed to be filed for these plans to be copyrighted. Next I wanted to know what qualified in legal terms as the creator of a document. So once again, a quote from the US Copyright Office:
Who is an author?
Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire (see Circular 9), the employer or commissioning party is considered to be the author.
According to this definition, this copyright is valid as I saw the creation all the way through. I know that the creator of the document can be verified as its author.
And finally, I wanted to know if a copyright could protect an idea, or some other sort of intellectual property. Another quote:
How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.
If you are referring to a patent, then that would be a different story. If it is a patent, the please accept my apologies and I'm sure the right thing will be done. I would like to see the patent number if that is the case.
Once again, I just want to be clear on this matter, as I hate to see all this work be ruined by someone claiming something that I just don't quite understand. If I am incorrect in any of this, please feel free to explain my misconceptions.
But the way I see it now there is no copyright infringment occuring with these plans. I also know for a fact that this jumper was created entirely from scratch with a lot of hard work, late nights, and dedication.
Thank you.