oadamo
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| posted on 5/9/07 at 07:04 PM |
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copying someones bodywork
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
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joneh
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| posted on 5/9/07 at 07:06 PM |
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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.
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David Jenkins
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| posted on 5/9/07 at 07:08 PM |
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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'.
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iank
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| posted on 5/9/07 at 07:33 PM |
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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 
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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Mark.
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| posted on 5/9/07 at 08:54 PM |
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10% is the magic figure........
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oadamo
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| posted on 5/9/07 at 09:31 PM |
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its a concept car thats not in production.
but it looks kit carish if you no what i mean.
adam
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StevieB
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| posted on 6/9/07 at 07:26 AM |
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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.
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Mark.
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| posted on 7/9/07 at 09:27 PM |
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Same applies to Cobra's, GT40's etc...who would slap a load of gel coat and resin on a real one!!!
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