does anyone know of a rule of thumb for altering the dimensions in woodworking plans to be able to use the basic design but not have the copyright infringement. by keeping the same basic structure or design but changing 20 - 30% of the dimensions of the project to be then able to sell it.  i have my own designs but often times you come across a project that a client wants to have built or you want to built it on spec  any input would be appreciated thanks

Paul..

 

In the past, I have used certain "design ideas" of an existing plan to design something like the original.  It's a pretty fine line.  As an example:  Yesterday, I posted my plans for a Cedar Chest in the Woodworking Forum.  I used one very small design feature of the WOOD Magazine's design, the top rail under the lid, and acknowledged that in my opening statement.

 

What I would do is contact the original designer of the piece you want to emulate and ask him/her the same questions you ask here.  They just might give you permission or ask that you credit them for using their design concepts in your design.

 

Perhaps a consultation with a Patent Attorney would be proper.

 

Larry

Interesting question. I know of people who have had their work copied and tried to go after the offender. Unless you have deep pockets, that can be difficult.  I also know I build pieces that are copies of old pieces built a hundred and fifty years ago. I have taken pictures of pieces and modified them to fit a space size or use. I am changing the original somewhat.I know if you make a blatant copy and sell it, you are doing something wrong. Once you change the design, it is your design, I would think. I am no attorney, but I did stay in a holiday inn express once. bob

This was interesting so I did a few google searches.

 

What if you build a Shaker blanket chest, are you copying there design and who would you get permission from? Of course if would not be fully your design, it would be a Shaker design. Huummm.

 

Arts and crafts furniture, is another example.

 

I guess there seems to be some gray area on this. I really don't have a good answer and I am not justifying coping anyone's work. I know these guys that are making rockers make changes from the original and it becomes their design. But how much, I have no idea how much you have to change.

 

I hope some others will jump in on this as I think it is interesting. How many different ways can you build a chest of drawers and it not look like one someone else over the years has built? 

I also just remembered.

 

Norm (New Yankee) would take you someplace and show you a piece he was going to build. He would ask permission to measure it and take pictures. Then the next shot was in his shop and he would say, "and here is our version of the ......". He would go on to tell you he made it a little taller or shorter and changed the way the drawer was, used a different wood and so on. So, did that make it his design or just a close copy of the original?

What I normally do is go back to the pencil and paper. I draw out a simular project keeping the ideas and deatial I like that work for me. But changing enough so as to not infringe on the copyright. For instance. I found a plan for a jewelry box that I liked. The original demension were 8x10x5 with a single drawer. I added a second drawer and made the box 10x14x8 and added a lift up lid for access to a bin on top. This is only an example but at this point it becomes your desgin and you are free to do what you wish with it.

Best Wishes

Wayne

 

hi paul, there is a general rule i follow for this, as long as you change 20% of a pattern that is patented, you will not be infringeing on any patent rights. also, if they don't want there pattern copied, why are they showing it to begin with.most people will not put a pattern up for public view, if they have a patend on it. they might show the project, but not the actual plans. think about it, am i right or wrong???

i appreciate the input so far, and any more would be also appreciated.  i remember a discussion on the wood forum a while back and i thought that marlen had mentioned something about 30% but i cant remember. and like i previously said i usually design my own stuff or at least modify it significantly but sometimes there is that client that wants one piece or so. thanks again.

the best advice i can give right now, is to have your client buy a set of plans for whatever he wants you to build. seems to me it would save you a lot of worry and frustration. or have them find some one to draw a set of plans for the project