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Post by Deleted on Jul 11, 2008 6:59:00 GMT
Hey guys,
I have been thinking for a while about getting a custom blade made and there are some very nice sword blades that I like from Albion. If I ask another smith to reproduce the blade of one of these swords, am I encroaching on their copyright? Or are they using blade types that are fairly common and so therefor not subject to copyright?
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Post by Deleted on Jul 11, 2008 7:04:59 GMT
As far as I recall from a highschool legal studies assignment (a long time ago! haha) the law in Australia at the time was that something only has to be 11% different to avoid being a copyright infringement... this could be completely off track as I try to explain below. Now... my memory is a bit fuzzy... when it comes to copying stuff out of a book the threshold for copyright is 10% of the number of pages total or one chapter, whichever is greater. With music there's a similar rule that applies. I'm pretty sure about those things but I can't remember where I got the idea of how much different something has to be. I have no idea how or if any of that would apply to a picture/design!
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Post by Deleted on Jul 11, 2008 7:17:24 GMT
Would copyright even apply in this situation?
Given that Albion's designs are not exactly unique in any way, shape or form, but are rather reproductions of existing swords themselves, I would say not. You can't copyright an 'Oakshott Type...'
While the caveat is that I am not a lawyer, I would think that the only way that copyright would be an issue would be if you had somehow obtained the exact industrial process that they use for a particular sword, and copied that precisely.
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Post by Deleted on Jul 11, 2008 8:14:04 GMT
Does this mean all my own designs are fair game as soon as they go public ? Someone could just change out one or two minor details and copy my work ?
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Post by Deleted on Jul 11, 2008 8:19:52 GMT
pretty much as far as I understand it mate
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Post by Deleted on Jul 11, 2008 8:31:01 GMT
Was depressed for a sec Then I realized that yeah, someone can make a knockoff of one of my designs. But, they can't duplicate my stamp or signature. I'll just have to focus on becoming the very best that I can be so that people can one day take a single look at a blade and tell it is my work.
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Post by Deleted on Jul 11, 2008 8:50:13 GMT
On another note, I have to get my scanner working so I can post some of the designs I've been tinkering around with. After seeing that tachi design you posted, I think you'd like some of my sketches.
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Post by jjshade on Jul 11, 2008 12:40:07 GMT
It would seem strange that someone would have a copyright to a historical sword design... but then again, a lot of Albion's Next Gen's aren't historical designs in the sense that several of them are mix-and-match pieces from a certain period, containing authentic characteristics but not duplicating a specific original. However, most custom sword makers won't want to copy another maker's design, but will be happy to duplicate a historical original (based on a picture, for example). I once had a custom sword made based on a drawing that I took off the Albion website and photoshopped - I could have drawn the thing myself, but I thought that it would have been a waste of time to do so, so I just stole one of Albion's images and edited it (almost beyond recognition) to my liking - sorry Albion.
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Post by Deleted on Jul 14, 2008 13:20:10 GMT
The issue with copyright is that only covers recorded works of art. Unless you consider a sword to be a form of sculpture, it really doesn't apply. I think that would be hard to do considering that Albion swords aren't just wallhangers, they are also martial instruments. But I could be wrong.
Perhaps a smith could fill us in on how they protect their designs?
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Post by jjshade on Jul 14, 2008 19:37:04 GMT
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Post by Deleted on Jul 15, 2008 14:16:53 GMT
Ah, the US also has design copyright (Chapter 13 of US Copyright Law). How much they can be copyrighted depends on their originality of the design. Historical pieces wouldn't work and historically derived pieces might still have trouble if the details aren't original enough.
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Post by Deleted on Jul 21, 2008 18:50:17 GMT
I don't think copyright or trademarks apply to swords and armor. Albion does not own a copyright to any historical sword. They coped it from a museum themselves.
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