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copying someones bodywork
oadamo - 5/9/07 at 07:04 PM

hi ive started moulding the bodywork for my car but ive seen a car thats just what i want. if i was to copy it could i be done for it. or how much would i have to change to do it.
adam


joneh - 5/9/07 at 07:06 PM

Is it likely that the manufactuter we see it? If its a one off you're copying its unlikely to be copyrighted. Don't forget replica kits have been around for years.


David Jenkins - 5/9/07 at 07:08 PM

As far as I remember, there is no law against copying someone else's design. However, there IS a law against selling your creation afterwards, especially if you state (or even suggest) that it is the original - it's called 'passing off', I believe. I expect that people would get stroppy if you take it to shows and say it's whatever you've copied.

It's like a Locost builder selling cars called 'sevens' (where Caterham can and will take legal action) or even advertising one as a 'seven copy'.


iank - 5/9/07 at 07:33 PM

Lets start with the obligatory 'I'm not a lawyer - if you want a legal opinion it will likely cost money' However I have been on an IP course so bits and pieces have stuck

Firstly anything original someone has done post 1976 (I think - Berne convention?) is automatically copyright to them, no need to do anything. So if you make a straight copy you could get sued if/when you sell it - IIRC the way it's done is a jury gets shown pictures of yours and the original and they get to decide if it was copied or not. There is a 10% (I think) changed rule but it's very hard to quantify exactly when it comes to something like a car body shape.

As David says if you don't sell it they can't touch you (though you could still get dragged through the courts for months as it's a civil law not criminal).

If it's a one off you could just ask they owner - I know I'd be flattered (they might even have moulds you could borrow. If it's a kit manufacturer it will be cheaper (and far quicker) to buy a body from them than moulding your own. If it's a mainstream manufacturer there are fewer legal options unfortunately.

I heard a story that the 80's lambo countach copies were based on moulds pulled from a real car someone rented for a weekend


Mark. - 5/9/07 at 08:54 PM

10% is the magic figure........


oadamo - 5/9/07 at 09:31 PM

its a concept car thats not in production.
but it looks kit carish if you no what i mean.
adam


StevieB - 6/9/07 at 07:26 AM

As previously said - make a few subtle changes here and there (which is likely to happen anyway) and you should be OK.

How do you think Westfield get away with nor being taken to the cleaners by caterham (after they were last taken to the cleaners, anyway!). The overall car looks the same, but there's enough difference to make it obviously not a copy.


Mark. - 7/9/07 at 09:27 PM

Same applies to Cobra's, GT40's etc...who would slap a load of gel coat and resin on a real one!!!