Question about copyright.

[michaelrandrews]

Now it is not my plan to do this, I only ask this question from my own curiosity.

If I were to obtain and old Rushton, Chestnut or Old Town for that matter and exactly measure and plan it out, could I then build a form and start producing, market and sell the canoes under my own brand name or as replicas? If not what significant changes to the finished canoe would have to be made? Would the folks at Old Town hunt me down paddle in hand?

Michael

 

[Dan Miller]

This sort of thing happens all the time and is generally considered to be an acceptable practice. Companies or builders that are still active, like Old Town, might take issue with you using their design and/or name, so you might ask permission first if you can locate the appropriate contact. My feeling is that if you use the lines from an old boat, it is appropriate to pay homage by recognizing where your design came from, regardless of whether you are building a true reproduction or modifying it into your own style.

For the record, one of my molds is from lines taken off a Chestnut canoe, and I fully intend to document and reproduce both of my Rushtons.

 

[Benson Gray]

Would the folks at Old Town hunt me down paddle in hand?

You would probably hear from their lawyers if you reproduced one of their canoes and started advertising it as an Old Town model without getting their permission first. It can be difficult to prove the theft of designs and other intellectual property but trademark abuses are comparatively easy to document. However, I think that it is appropriate to acknowledge the sources of a design as Dan mentioned.

For full disclosure, I have notified Old Town at times when I felt that there was a blatant abuse of their trademarks or intellectual property. Their lawyers have written letters occasionally as a result of this. I have also been careful to get permission before proceeding with anything like catalog CDs, build record scanning, name plate reproductions, or anything else which might be a cause for their concern.

Benson

 

[MGC]

Copyrights are not typically applicable to works like canoes, boats etc. They typically would apply to literary or musical creations and depending upon date of notice ar good for the life of the creator, unless rights are passed along in a sale. Trademarks are typically associated with branded identities and are renewable to the originator. They can expire and then be used by others.
Patents protect technology. There is not too much about the production of wooden canoes that would be eligeable for protection under a patent....
Propriety is the issue at play here. If you copy a Rushton, ethically you should not call it a Rushton. It's a copy by .....
Most of the builders and companies that made the boats that we collect are long past being in a position to protect their proprietary properties. Copy away at will.