When most people in the United States of America think of copyright right laws the focus is generally on current trends or events, however as it is with most laws the Protection of Original Designs has a history that predates modern day computers and cyber crimes. Although law act is still relevant and applicable today it’s difficult to apply them crimes that occur in the digital environment such as cloud servers and anonymous proxies. Another issue that is relevant is copyrighting code, since code is mainly logic and syntax.
However reviewing the act you can see that a lot of the older problems still exist today as well, they do not attract as much media attention, as well as similar occurrences have a greater chance of a preexisting precedence regarding the issue. What’s interesting is how the act is effected by later legislation, such as in Appendix A which is a house hearing on “A Bill to Provide Protection for Fashion Design” which states “Currently, articles of clothing are considered useful articles and are generally ineligible for copyright protection. The design of a useful article is protected under copyright, ``only if and only to the extent that such design incorporates pictorial, graphic or sculptural features that can be identified separately from and are capable of existing independently of the utilitarian aspects of the a...
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...ct there would be a lot of confusion in what is considered an original design. As well as how the process of registering, transferring and all of the exceptions and penalties that apply. And I know I have benefited from this kind of documentation so I am grateful that it is available and reasonable.
In summary there is a lot of conflict between current and previous legislation like the Protection of Original designs act. But the different viewpoints and perspectives are necessary because not all cases or incidences are the same. Along with new technology that did not exist at the time when the original act was created.
Sullivan, William P. n.d. Copyright Protection of Original Designs--Absence of Statutory Notice.—Peter Pan Fabrics, Inc. v. Martin Weiner Corp., 2 B.C.L. Rev. 153 (1960), Retrieved from: http://lawdigitalcommons.bc.edu/bclr/vol2/iss1/26
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