[TheForge] Creeping commercialisation

[Demon Buddha]

George Dixon wrote:
> 
> 'Imagine being sued for using classic ironwork
> techniques in your work.'
> 
> My former employer had an attorney put me on notice that every motif and every tool that Samuel Yellin's shop made or used (in traditional European style) was now the "patrimony" of Claire Yellin. 

	<yaaaaaaaawn>  How boringly pedestrian.  One may lay claim to 
	anything they wish.  I can lay claim to the gold in the Federal
	Reserve Bank of New York.  Nobody can stop me.  Acting on that
	claim is another kettle of fish.

> Such specious claims of 'ownership' as the previous email alluded to 
> are all too common.  

	Yes, but who cares?  The operative term here is "specious".
	There's a bullshitter on every corner and a sucker born
	every minute.  That's life.  Be up on what can and cannot be
	done and life will be a whole lot better for one and all.

	If Claire really tried this, I have to say that it's a bit
	silly.  She might, however, be able to claim copyright to
	a SPECIFIC example of a given design.  For example, if she
	tried to claim copyright to the fleur de lis, I'm sure the
	government of France would have something to say about it.
	But if she claimed copyright to a specific instance of a fleur
	de lis, I think she would have legal standing.  That specific
	design could be, say, a new trademark for Yellin Ironworks.  In
	such a case, the specific design in question can indeed be
	copyrighted or trademarked.  An example of this is the word
	"Microsoft".  There was a case many years ago where some other
	company or person used the same specific typeface that MS
	apparently designed and used for their name (this is from memory
	so I may be amiss in some of the details).  M$ took them to
	court and won.  I recall there was an uproar about it, but it
	was based in peoples' ignorance and general dislike of M$ rather
	than an knowledge of either the ruling or the law upon which it
	was based.

	So to get back to Claire, if she in fact holds copyrights to
	SPECIFIC designs and you possess the precise tooling from which
	those designs may be executed in metal, she may in fact have
	standing to prevent you from doing so.  I can't say for certain
	if this is so, but it would not surprise me terribly if it turned
	out to be the case.  On the other hand, a question of "look and
	feel" comes into play.  For example, I cannot establish a company
	called "My Crow Soft".  If I were to do so, Microsoft would eat
	me in court as an afterthought for what is called "dilution of
	trademark".  This is VERY serious stuff.  Anyhow, you might in
	fact not be able to use the precise tooling to reproduce specific
	Yellin designs, but there is a question of how much alteration
	would be required to get you in the clear.  I suspect the only
	way to find out would be through litigation.