Madabout Kitcars Forum

Madabout Kitcars Forum (https://madabout-kitcars.com/forum/index.php)
-   Tribute Automotive Builds (https://madabout-kitcars.com/forum/forumdisplay.php?f=18)
-   -   What would you like Chris to build you? (https://madabout-kitcars.com/forum/showthread.php?t=4729)

zagmad 7th April 2016 09:51

Thanks for the offer of the parts but it would prob best going to a herald owner in need of a roof as a mold would be taken but not actually use the roof itself. I don't think the angles are right for what I'm trying to achieve. Don't spose you know anyone with the angular spitfire roof. :-)

lancelot link 7th April 2016 19:47

Southern Triumph Services in Southbourne , Bournemouth ..

zagmad 16th April 2016 21:49

Last thought. What would the Alfa gt look with a triumph tr6 roof. I'm hoping something like the lancia fulvia. Any thoughts dsg4me :-)

zagmad 21st April 2016 18:16

The reliant scimitar rear screen and roof shape looks promising as an alternative to create the Italia style.

ThatAmericanChap 23rd April 2016 00:18

I'd like to see Chris try his hand at nearly anything which Giotto Bizzarrini had his hand in, but especially the 5300 Strada or the P538S - after he's finished a certain silly American's Miglia, of course. I'd think either an easy project, really; all he'd need do is to convince some local Bizzarrini owner to let him take his car apart to make the molds.

molleur 23rd April 2016 01:31

Another Yank's idea..
Will easily go on an MX-5
Think Karmann Ghia windscreen and rear glass too.
Sliding door glass

Ferrari 225S Berlinetta by Touring, or the
1951 212M Vignale Berlinetta.

Mister Towed 23rd April 2016 09:58

Quote:

Originally Posted by ThatAmericanChap (Post 77764)
I'd like to see Chris try his hand at nearly anything which Giotto Bizzarrini had his hand in, but especially the 5300 Strada or the P538S - (...) all he'd need do is to convince some local Bizzarrini owner to let him take his car apart to make the molds.

This looks like a suitable post to introduce something regarding copyright and design protection law that's been concerning me for the last few days since it cropped up at work on a non-car related matter.

To get straight to the point, the UK Government is going to bring our copyright and design protection laws into line with current EU law next week (28th April 2016).

http://www.parliament.uk/documents/i.../IA12-014J.pdf

The upshot is that the rights to 'artistic designs' will now belong to the designer's heirs for seventy years after their death, not twenty-five as is the case today.

Although this law was intended to cover art works like sculptures and paintings, it's about to have a catastrophic impact on UK based reproduction furniture businesses who are being given six months to dispose of all stock and stop production of anything that comes under this diktat. It's not beyond the realms of possibility that the heirs of car designers may argue that their ancestors' designs qualify for protection from copying under this ruling.

A design will not be covered under this act if fifty or more items were produced by some industrial process - these will remain at 25 years after the death of the designer. In the case of my Spyder, a (sort of) replica of the Lancia D24 Spyder, the designer, Battista Farina, died in 1966 and only four cars were built, plus four 'continuation models constructed in the 1980's and around a dozen D23 to D25 derivative models using the same basic body design in the one or two years before and after the D24.

I think this means that under the new law I could be on thin ice if I built another one as the design will belong to Farina's heirs until 2036, but I don't think I could be made to destroy the one I've already built (it's not an exact copy anyway, more 'in the style of').

I really don't know what the implications are for resale of existing reproductions though - will people still be able to sell on their second hand 'designer' furniture/clothes/cars?

In the case of Giotto Bizzarini's designs this is all fairly academic - he'll be 90 in June and is still working as a designer (I guess he loves his job) so he still owns the rights to all of his designs that he hasn't specifically passed on to someone else in a written contract. But it could have a significant impact on the 'classic' kit car market, especially when recreating low production sports racing cars designed in the fifties and sixties, using the original design or part of the design (which is also covered).

Thoughts anyone?

lancelot link 23rd April 2016 10:23

Towed ...thats interesting.... I cant think of a suitable response at present ...but it's all part of the tightening grip process I guess .

The low numbers only thing makes me sceptical of wealthy collectors worried about their investments maybe having some influence on this ...cars like the 30's Fords etc which must rank amongst the most replicated in Europe are exempt by my understanding ...

I wonder at what level of replication an inspired by becomes a replica ? I was led to believe years ago , that a 10% change in design was enough to alter something but there is an Intellectual Property Rights issue , even with that theory ...that may well not be the case nowadays ...

IF you are genuinely worried about your car , remove the Lancia livery and thats dealt with that ... there is very little on it that could be claimed to be solely influenced by Lancia , it is a generic 50's design with influence from many quarters ...as are all the other 50's designs ...just look at various Maseratis and Ferraris etc and see just how similar they are in many ways ...
I know your cars designer very well and , although he's alive and well and still involved in the industry ...Yours is a genuine product not a replica and , even if it wasn't ... he sold over 50 units and they were produced commercially !!

lancelot link 23rd April 2016 10:28

Quote:

Originally Posted by zagmad (Post 77717)
The reliant scimitar rear screen and roof shape looks promising as an alternative to create the Italia style.

I saw that roof section and front screen aperture yesterday and have to say , thats an inspired choice ..it really looks the part for that roofline / rear screen treatment ..

JG 23rd April 2016 11:08

That's interesting Towed, wasn't aware of that change.

Is probably worthy of a thread all of it's own as it could open a whole can of worms.

Presumably a lot of designs are owned by companies rather than the designer so wonder how that fits?

John

Mister Towed 23rd April 2016 11:28

Quote:

Originally Posted by JG (Post 77775)
That's interesting Towed, wasn't aware of that change.

Is probably worthy of a thread all of it's own as it could open a whole can of worms.

Presumably a lot of designs are owned by companies rather than the designer so wonder how that fits?

John

Hi John, I had reason to look into design copyright at work this week and it's a minefield. The intellectual property Act 2014 now states that ownership of a design remains with a designer, even if the design has been commissioned and paid for by someone else/another business, unless they have specifically signed away their rights in a written contract. This could mean that the heirs of a designer have a claim on the rights even if the product was entirely made by a major corporation, never mind a small kit-car manufacturer.

I'm aware that some manufacturers - notably B*ntl*y and M*rc*d*s B*nz - have taken legal action to stop their cars being copied, so it could happen again with the likes of F*rrari, Porsch* or Mas*rati.

Jaguartvr 23rd April 2016 13:39

Somewhere on the forum is a picture of a late Corvette (?) that Chris was modifying, looked stunning but a bit expensive to get for a donor.
How about something similar based on a Mitsubishi GTO. Plenty around at very reasonable prices, they don't seem to rust at all.
It would be nice give Chris free reign over the styling and see what he would come up with. No problems over copyright infringement then.

lancelot link 23rd April 2016 13:51

Quote:

Originally Posted by Mister Towed (Post 77779)
Hi John, I had reason to look into design copyright at work this week and it's a minefield. The intellectual property Act 2014 now states that ownership of a design remains with a designer, even if the design has been commissioned and paid for by someone else/another business..............................I'm aware that some manufacturers - notably B*ntl*y and M*rc*d*s B*nz - have taken legal action to stop their cars being copied, so it could happen again with the likes of F*rrari, Porsch* or Mas*rati.

Ferrari used to be big on it too , not sure if its happened in recent times but in the 80's they legally destroyed some GTO moulds locally , a guy who used to convert 240Z's ...that I am pretty sure was to do with branding and useage of badge and not so much design , but I was new to the hobby then and not in a position to comment confidently on that ...

There was also a french guy building Ferrari replicas around that time ..he was using Ferrari parts and they were being registered as Ferrari's ...He was being taken to court by Ferrari , but it was looking like he might win on a technicality ....Just before the case was finished , he ''committed suicide'' in a hotel room ...

lancelot link 23rd April 2016 13:53

I can't think of a Porsche or Maserati issue off the top of my head ....

JG 23rd April 2016 14:08

It does surprise me that Ferrari have not been more vocal in this area, especially with copying of their newer models, same with Lamborghini. I can only guess their legal teams know something we don't.

lancelot link 23rd April 2016 15:48

Aston Martin don't hold back . I remember the Aston Convertible at Exeter a few years back that had a cover put on it and then was removed from the arena and I think Evanta have had issues with their cars too , but only know that third hand but can see they have changed their distinctive grille aperture to a more generic shape on the Barchetta , which incidently is stunning ,and , interestingly , is limited to a production run of 49 cars ....

JG 23rd April 2016 16:50

Ah the Evanta :love:

Love this car but beyond my budget by some margin I would imagine. Think I'm right in saying that Aston Martin managed to trademark their front grille design which would probably have been the major problem for the original Evanta, plus I recall it being promoted as a DB4 Zagato replica which wouldn't have helped. Redesign is still lovely though.

ThatAmericanChap 23rd April 2016 17:15

Quote:

Originally Posted by lancelot link (Post 77786)

There was also a french guy building Ferrari replicas around that time ..he was using Ferrari parts and they were being registered as Ferrari's ...He was being taken to court by Ferrari , but it was looking like he might win on a technicality ....Just before the case was finished , he ''committed suicide'' in a hotel room ...


My memory is fading; I'd thought that he'd had his corporate counsel pass 'his' designs through the French Copyright Office (the Bureau de la Propriété Littéraire et Artistique) to establish their creation date, and that the paper trail was sufficient to act as its own ruling on the case, if you will. Once the copyright's been registered, the legal presumption (in most jurisdictions) is that the Offices Patent have performed their due diligence, and that therefore the copyrighted design is its own intellectual property. (Caveat / Disclaimer: I'm not schooled in Jurisprudence [nor in anything of particular value, really], and on the whole, am probably only slightly above the intelligence level of an Austin Allegro's connecting rods, and marginally less illuminating than ___________ [insert your favourite Lucas product here] ).

My off-the-cuff jest regarding making molds directly from a God-awfully expensive motorcar was doubtless in poor taste for varied reasons, but it does, I believe, beg the question, "what's creative and what's forgery?" I'd think (and here, I mean anyone with a bit of common sense, and not necessarily any bureaucrat, of course) that a panel beater who'd constructed his or her own bucks and then hammered sheets to form a motorcar body should have a rather fair margin of leeway regarding copyright, since the creative process is the manufacture of something decidedly original. Likewise, I'd expect that someone who'd sculpted their own model, in whatsoever medium or media they chose, and drew production moulds from that model, should likewise enjoy sufficient "protection" of their intellectual property - no matter against which existing designs their inspiration might have sprung - that their local Copyright Offices would scarce consider denying them the proper paperwork and magic numbers with which they might be assured that they could carry on their business without some overly litigious billion dollar corporation laying claim that the poor chap was infringing upon their Trade (and I'd further suspect that, in the event that they did face such a situation, that a countersuit for Restraint Of Trade would nearly instantly convince the larger corporation's legal staff to seek out and to pursue a less well-protected kit car maker).

Lastly, before one or all of you chaps suggest it, I will - as soon as I click the "post" button - change my username here to ThatAmericanPrattler.

.

Mitchelkitman 23rd April 2016 18:12

Quote:

Originally Posted by ThatAmericanChap (Post 77799)
that their local Copyright Offices would scarce consider denying them the proper paperwork and magic numbers with which they might be assured that they could carry on their business without some overly litigious billion dollar corporation laying claim that the poor chap was infringing upon their Trade (and I'd further suspect that, in the event that they did face such a situation, that a countersuit for Restraint Of Trade would nearly instantly convince the larger corporation's legal staff to seek out and to pursue a less well-protected kit car maker).



.

But the reality of the situation is that the small trader wouldn't be able to afford the lawyers to protect his copyright- the large corporation will always crush the small trader!

Roadster 29th April 2016 18:27

http://i1219.photobucket.com/albums/...pspizwhw5u.jpg


I know I posted this in Barbers post but I don't want to hijack it

https://youtu.be/B-dZm0b5sMY

Lots more angles here


All times are GMT +0. The time now is 14:45.

Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Copyright Madabout Kitcars 2022