[Rhodes22-list] Stan's 27 foot hull design -- need Captain Crawford!

FCrawford0707 at aol.com FCrawford0707 at aol.com
Wed Feb 14 21:40:03 EST 2007


Ok, Ed, I'll give it a try (Keep in mind that I am a zoning and land use  
lawyer and have never come close to dealing with intellectual property  matters.) 
 I did a quick look at the Copyright Office information and from  there the 
Interim Regs and the IP 440 registration (as an example).  The  registration 
looks to be pretty simple - the IP 440 was filled out by hand and  several 
photos were attached.  I believe that the Office does not attempt  to screen the 
registrations - there is a procedure for any third party to  contest a 
registration (which I suspect is a pretty rare event). 
    The kind of weird timing requirement is that the  registration must be 
within two years of making the design "public".  My  best guess is that the most 
common test for going "public" is to advertise the  design for sale.  But 
maybe the 27 hull is now "public" simply by showing  the pictures on da list.  I 
saw the hull when we were in Edenton it was  "displayed" - maybe that made it 
"public".  If so, then it is too late to  register now, as it has been so 
displayed for more than two years.    But since the hull has not been made into an 
"actual vessel", I don't think the  two years has started to run.
    If it is determined that there is an advantage to  registering the hull 
design, then I would take the position that the prior  limited display at the 
factory does not constitute a "public" display of an  "actual vessel".  (I 
think this is correct, btw).  So the two year  window for registration would not 
yet have begun. It would begin only when an  "actual vessel" (by this I believe 
a finished boat) is publicly exhibited,  publicly distributed or offered for 
sale.  
    I do not understand why a registration is not to be  made until after the 
public offering or exhibiting, but that is the way it  reads, so as I 
interpret this, it would be premature to register until such time  as a finished 
model is completed and displayed.
    And I am going to stick to zoning - where at least  I have 30 years of 
trial and error under my proverbial belt!  This foray  into copyright -related 
stuff is too new a trick for this old dog !  So  take the above with at least 
two grains of salt.  
            Frone  Crawford
            s/v  Sunday Morning


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