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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11567
Experience:  30 years experience in property law.
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1. In 1960, three graduates of university X, AL, DW, and AM,

Resolved Question:

1. In 1960, three graduates of university X, AL, DW, and AM, designed and built a prototype glider.
2. Each team member produced some of the engineering drawings.
3. The drawings were made, when the 1956 Copyright Act was in force.
4. Who owns the copyright, in the full set of engineering drawings ?
5. Who owns the copyright, in the three dimensional aircraft, built according to the two dimensional engineering drawings ?
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
The copyright is owned jointly in the absence of any agreement, assignation or other contract.

No one owns copyright in the built product as you can't have copyright in an aircraft.
Customer: replied 3 years ago.

I have read that copyright can subsist in three dimensional works of artistic craftsmanship. The aircraft was not " fine art " such as a sculpture. However it was unique, and it required several skills, to produce an object with a function. Does the existence of functionality preclude any copyright in a three dimensional object ? Are there any classes of three dimensional objects, which have both form and function, and which are deemed to be copyright works ?

Expert:  JGM replied 3 years ago.
Under the current legislation:

1) Copyright is a property right which subsists in accordance with this Part in the following
descriptions of work
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films [ or broadcasts ] 1 and
(c) the typographical arrangement of published editions.

Under the 1959 Act an artistic work had the following meaning:

Copyright in artistic works

(1)In this Act " artistic work " means a work of any of the following descriptions, that is to say,—

(a)the following, irrespective of artistic quality, namely paintings, sculptures, drawings, engravings and photographs;

(b)works of architecture, being either buildings or models for buildings;

(c)works of artistic craftsmanship, not falling within either of the preceding paragraphs.

I still don't think that a right of copyright subsists in an aircraft. It may come under design right but I doubt it has copyright protection.


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