I have a question about doing a engraving pattern on a old Winchester that is printed in several books on Winchesters and engraving. The gun was engraved in 1876 but the books have newer printing dates of course. Would I be infringing on copyright laws of the books by using the style and layout of the old engraving? By dated and signing the work forgery would not be an issue. In the past we have all scene copies of historical guns copied by engravers. I am not looking for a legal answer but guidelines to follow.

Mark Hoechst
3/6/2006 3:14:26 PM

Let me make clear I am in no way a legal authority...let alone a copyright attorney, the following is merely my opinion,take it or leave it for what ever it is worth to you.

That being said....the copyrights pertain to use of the photographs and or text for resale… If you were to take that photo and use it in a calendar for example, which you are trying to sell…that would be infringement. Etc. etc.

Artists have used other artist’s things through out history for ideas for new art...this is accepted practice… you are merely using a image as a basis for a layout of a potential engraving…the photo is copyrighted…the engraving is not.

I am quite sure you are not going to be able to reproduce whatever image line for line and dot for dot in a finished engraving...regardless of your skill level.

The finished engraving is a new article created by you...it is not the photo printed and copyrighted in the book...so you have infringed nothing…with the possible exception of an idea.

In reality whatever photo you are looking at is probably in the public domain somewhere in some form anyway. Maybe you should do some more research and find an image that is not copyrighted.

In closing, who is to say what source you got your layout idea from?

j.c.


John Randell
3/7/2006 5:43:22 PM

In my humble opinion the issue of copyright in regards to firearm engraving is overemphasized, I would not be concerned using any art or photo to aid my layout.

Barry Hands
3/8/2006 8:47:15 AM

Thank you for your time and thoughts on this matter. I am like the guy who says, " I am not paranoid -- but everybody thinks I am "

Mark Hoechst
3/13/2006 10:19:39 PM

I think the way that goes is..."just because I am paranoid doesn't mean they are NOT out to get me".

Sam Welch
3/14/2006 3:33:11 PM

If I could have found that guy "THEY" I'd have killed him a long time ago.

K. David Gruber
3/16/2006 5:04:57 PM