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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13500
Experience:  30 years as a practising solicitor.
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I am a professional woodturner whodevised and designed a

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hi my name is ***** ***** I am a professional woodturner whodevised and designed a miniature curling stone set in Scottish hadwoods some years ago and wish to get some protection for my businesses which have changed. I commissioned a firm of pewter casters take the handles and top plate to a design provudedand requested them to include a celti design on top of the plate that goes below the handle . This may have been a new idear or euse of a design already in use by them but reaplied. If I copyright who has this for the disc or the decoration. Thank you. Remmber scotish law may apply. many thanks
Assistant: Do you have a registration record?
Assistant: Have you talked to a local attorney? Has anything been filed in court?
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: This miniature stone is made in Scottish hardwood with a pewter handle and plate that I got the firm to make for me the decoration was an extra produced inclusive in production costs

Thanks for question. I am a copyright layer in Scotland. Is it the top plate you are concerned about or the overall design of the product?

Customer: replied 5 months ago.
The design of the handle was provided by me the concept of making miniature stones in Scottish hardwoods as gifts or prizes was mine A plate or disc goes under the handle and on top of the wooden stone This is all cast in pewter as is the handle 'I requested some Keltic design on the exposed side of the disk and they came up with a designee all inclusive in the cost of casting the complete fitting it is unclear if they recycled an existing item in a size to suit or if the pattern was a fresh design. Because of quality issues and a changing direction for my output I will probably be changing my supplier to one in England and want to clarify the position before doing so and applying for copyright the discs are in three sizes and with two distinct patterns No one other than a friend who has permission to do so makes wooden miniatures in Scotland
Customer: replied 5 months ago.
will be walking the dog for the next half hour and unavailable early tomorrow please leave a message and I will return your call approx. mid morning or when you find it convenient' Many thanks Ian Munro
Customer: replied 5 months ago.
ok at your convnience

I can call you today if you let me know a couple of times that might be convenient.

Customer: replied 5 months ago.
sorry phone has been out of order

No problem. I think I can deal with this in writing. You can’t protect the concept of making miniature stones. Anyone can make a mini stone. What you want to be able to do is protect the decoration of the stone. As I understand you, you did not create the design. It was created or at least provided to you by the manufacturers of the handle and top plate. That being the case they in fact own the copyright in the design of that item. The law says that the creator of a copyright image, or the employer of the employee who creates it, owns copyright in the image. Employee is used in the proper sense of the word. What you will have to do to get the rights to the copyright is to ask the manufacturer to assign the copyright to you by way of a deed of assignment or alternatively to grant you a licence to use the copyright for the purpose of your product. As things stand at present, from your narrative, you don’t own the copyright at the moment. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 5 months ago.
Thanks, ***** ***** clarify we make the stones in Scottish hardwood no one else does we wish to protect that idea they are also made by others in stone itself and plastic by people who copied my idea or concept. Am I correct in that I am permitted to make minor alterations to the design without gaining copyright . Also does the method of fixing the pewter handle to the wood and its shape and size as designed by me come into the equation . So far you are doing well and have provided essential information and been a great help Thanks Ian Munro
Customer: replied 5 months ago.
can I copy your answers not having much success please give any special instructionsIan munroThanks

you should be able to copy and paste.

Customer: replied 5 months ago.
what adjustments and alterations can you make to the design without breaching copyright and I have been informed its main action is defensive rather than legally threatening and s basically designed to settle disputes amicably and registration may be aquired free f charge. ThanksIan

You cannot protect the idea of a curling stone. In fact you can’t protect an idea at all. You can patent an invention so that might be the method of attaching the handle if the method is unique and inventive. If you radically change the design you might derive copyright ownership of the new design. A minor alteration would not necessarily do so.

Customer: replied 4 months ago.
wonderful I think you have answered all my concernsMany thanks
ian munro