06-23-2012, 10:02 PM
(06-23-2012, 05:23 AM)Rickabilly Wrote: Hello Tom,
As far as Patent restrictions go, I doubt you have anything to worry about at all, I have quite a few Patents myself (35) and have been working around the international patent system since 1997, As far as I know it is extremely difficult to stretch a Patent's usable life beyond 16 years, I assume the original Rifle is way older than this, so there is almost no chance that a Patent used in it's manufacture could be live.
In terms of "Copywrite", this only applies to written information, in this case drawings, so if you were to use the original drawings there would be an issue, but making your own drawings off of old worn parts and then changing them slightly will make any copywrite infringment as close to impossible as will ever matter, For copy write to apply your drawing would need to be identical to the originals, or use identical passages of text, to the originals, there is also a time limit on the life of Copywrited data, for Copywrite held by a person I think the right dies with the individual + 75 years, For company held Copywrite I'm not sure.
Either way I'd not be worried about these risks at all, as anyone trying to prosecute for Patent or Copywrite infringement would need to prove damages, which, if the gun is no longer in production, I doubt they could, and also bringing a claim would be very expensive.
So definately double check what I have said here with a local Patent Attourney, most will do this sort of thing for free if you lead them to believe that they will get any work arising from your efforts, which you probably would give to a helpful Attourney anyway, and then go ahead and publish without fear.
In terms of Liability, there is insurance of course, and to make this affordable you would need to riddle your drawings with disclaimers, keeping in mind that very rarely does a hobbyist make from plans without modifying something in which case your liability nearly disappears, on this I would absolutely take legal advice, and have the advisor write up the disclaimers.
Oh, and nice Job, If only I lived somewhere that had the same laws I would love a similar challenge, I am watching intently, can't wait for more.
Best regards
Rick
Thanks for the tips Rick. I think you are right, liability is probably most important. There is always the possibility of some idiot building one, chambering it for .223 then wondering where his head went.
Tom