Kit Car Copyright

[ABaker]

Hi

Please would you be enought to advise; I am currently collating a business plan to produce a kit car. I was hoping if anyone can point me in the right direction regarding the law; that is if i had designed a repilca of a car already in production, would copyright be violated? Or is permission specifically needed from the original manufacturer?

many thanks

adam baker

[D-Angle]

Hi Adam,

The original manufacturer owns the design rights to the shape of the car. This is automatically granted as soon as the design is produced, but can be registered as well. You will find more info at www.patent.gov.uk, look for information on registered designs.

As far as I can tell, manufacturers aren't so bothered about models that they don't produce anymore, but kick up a right stink if you copy something they are still selling. For example, there are plenty of people doing Countach and Diablo replicas, but anyone trying to do a convincing Murcielago rep has been shut down by Lambo's lawyers. Although that may be down to their new owners, VAG, who may have decided to take a more aggressive stance. That's why any Murcielago reps around are different enough in detail to not fall foul. Unfortunately it means you can tell they're replicas. As far as I know Ferrari take a very dim view of copying of products past and present.

If you don't want to say what you're making a replica of in a public forum, feel free to PM me if you have nay other questions.

Regards,
Justin

[JG]

There's a belief that if the 'replica' is out by a certain percentage to the original then it will be ok - I don't know if there is any truth behind that.

If you are going for an exact replica of a current production car then you've got to expect a cease and desist to land on your door mat. If you are replicating an older car no longer in production then you may get away with it but as D-Angle says some like Ferrari don't like you doing ANY of their cars.

Basically if you are copying a design that is still under copyright then in the eyes of the law you can can be shut down at any time if the original manufacturer wants to do so.

For some reason that I don't particularly understand the original manufacturers more often than not just let the replicas manufacturers go about their business. A big chunk of the kit car industry would vanish overnight if the big guns decided not to play ball.

John

Madabout-Kitcars.com

[vojx]

Originally Posted by JG

A big chunk of the kit car industry would vanish overnight if the big guns decided not to play ball.

John

Madabout-Kitcars.com

and this would be a bad thing?

no more 7s, cobras - just new and interesting designs. . .

oh, see your point

[JG]

New and interesting original designs would be nice (especially some concepts that the big production manufacturers come up with) oh hang on they would be replicas again wouldn't they

I know some are a bit fed up with 7's and Cobra's but to be honest I could look at a Cobra all day long, they are just perfect in my eye 7's serve a purpose for some 4 wheeled fun.

John

Madabout-Kitcars.com