Recent case of LucasFilm v Ainsworth would suggest that in fact designs are separate from artistic works, and the advice given here was uninformed.
I asked you if things like designs fall under copyright, and they don't they fall under design rights which is different. Insisting that you know the answer to a question when you are just guessing is unscrupulous. I want my £11 back.
If you had read the question you would know that the 'graphic work' that can be printed off is completely my own work, and wouldn't resemble anything anyone else has done. I would hold the copyright for that.
However when cut out and assembled, the 3D shape that it makes is that of a tank. The tank in question is from a work of fiction, and there are various plastic models/sculptures of it already in existence. In much the same way as the storm trooper is from a work of fiction, are there are various models of it.
I asked if the 'design' of the tank was something that was covered by copyright. And clearly it isn't. It would fall under design right. That would have been interesting to know. In fact that was what I wanted to know.
A real expert might have been able to explain that. Had you not already turned up here with your misinformation, and then 'opted out' with the money.
Thanks for nothing.
I see the previous expert has opted out and that you haveasked for a refund. Do you still require any further advice? Whilst I agreewith what the above expert has said. I can add some practical advice for you,which will assist you in staying out of court. The courts use a very simpletest. Obviously, I am unable to answer you if you have had a refund because Iam unable to answer on a free of charge basis.
Thank you, but I do not need any further assistance. The LucasFilm v Ainsworth case seems to show quite clearly that toys/sculptures/models that are mass produced, in different scales, by different artists, with a primary purpose that is not 'aesthetic value'. Are considered 'designs' and not 'works of art', and are therefore protected by design rights, but not necessarily copyright.
The question is somewhat academic now, since I no longer have any intention of distributing the model. Nor would I wish to go to court over it (right or wrong).
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