Selling items made from mag plans

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I seldom use plans, preferring to design and work out my own projects (sometimes plans would be easier but not as rewarding). Anyway, of the few plans that I used, all PROHIBIT the duplication and sale of the plans but very few PROHIBIT the duplication and sale of the project itself. They sometimes prohibit the duplication of projects beyond a stated number without permission. So read the details. My feeling is that unless stipulated to the contrary, sale of items built following the plans is permissible.
This having been said: If dimensions or materials are changed from those stated in the plans, isn't the project now changed from what it was originally? A box is a box is a box like a table is a table is a table.
(Charlie Self)

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Bierce, The

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Authoritative answer: "maybe".
Note: just 'changed', by itself, isn't necessarily sufficient to avoid copyright problems.
The _legal_ definition of a 'derived work' is quite broad. It pretty much includes anything that is 'based on' the original protected work.
facetious example: IF the story of 'Little Red Riding Hood' was an original work _today_, and protected by copyright, changing 'red' to 'blue' throughout the story, and making 'Little Blue Riding Hood' a boy, would not avoid a claim of copyright infringement. "Little Blue Riding Hood" _would_ be a 'derivative work'.
However, copyright protects *only* the 'unique creative effort' put into the item by the copyright owner. which bears on the next point --

Yup. And to the extent the plans for the box or table are 'generic', they are _not_ subject to copyright on those 'generic' features of the object.
Comment: copyright is *not* a simple subject! And 'derived works' are one of the _messier_ aspects of the subject. <wry grin>
Just because you own the copyright of something, doesn't mean that people are necessarily prohibited from copying what is _in_ that something, for example.
A copyrighted description of "how to" do something does not prevent any one from _doing_ that thing, as described.
etc., etc. ad nauseum. And it can get _very_ 'sickening'.

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"If you steal from one source, it's plagiarism. If you steal from two or more sources, it's research."
This =is= a close statement of the facts with regards to copyright. If you can point to the 'same thing' (or 'very close' to the same) from two _unrelated_ sources, then it is clear that you are _not_ infringing on the 'unique creative effort' of _either_ 'author', because it *isn't* "unique".
If there is nothing 'unique' about the plan, other than the totality of the plan drawings, then there are no copyrighted elements in that which the 'derived work' is derived _from_. Therefore, the copyright owner has no claim on the derived work.
Or if the construct is built 'not exactly according to the plans', so as to leave out (or substitute for) any 'unique' creative elements from the plans that 'would have been' embodied in the derivative work -- again, the copyright owner has no legal claim.
As for New Yankee Workshop, the underlying object from which the plans are derived is -not- protected by copyright. The plans themselves are a 'derivative work' of the original object. The NYW copyright extends only to the creative effort they _added_ in creating the plans themselves, and does _not_ include any of the characteristics of the underlying object. Building an object from those plans involves -only- those elements which were part of the original object. Since NYW has no copyright on those elements, they have no grounds for complaint.
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On Mon, 16 Aug 2004 01:22:03 GMT, Bill
......and in reply I say!:
remove ns from my header address to reply via email
Ask the magazine! ***************************************************** Marriage. Where two people decide to get together so that neither of them can do what they want to because of the other one.
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