Copyrighting a style?

Subject: Copyrighting a style?
From: Geoffrey Hart <Geoff-h -at- MTL -dot- FERIC -dot- CA>
Date: Thu, 1 Apr 1999 09:23:08 -0500

Tracey Moore observed that <<Every time I start a new
client, I create a template for the documentation, assuming
they want their documentation to be unique. Now I've got a
client who's on a really tight budget, so there's no time to
create a template. I was curious about copyrights. If the client
copyrights the manual, do they own the style as well?>>

Interesting question, and my advice is that if you're
concerned about this and plan to make a business of
developing unique styles, consult a lawyer who specializes in
copyright issues. There _are_ ways to copyright "look and
feel" (e.g., witness the various lawsuits against Corel over the
past years for copyright problems in their annual graphics
competition), but it's a slippery business indeed.

Based on my reading of current copyright law, a design has
to be truly distinct before it qualifies for copyright protection;
if this were not the case, all the major publishers of paperback
novels would be suing each other over "look and feel" issues.
In effect, certain standard conventions for design and layout
(e.g., business letters that use a single column of text and the
salutation "Dear Sir or Madame") are effectively in the public
domain. Thus, the law would likely prevent you from sueing
someone who matched the "three-level heading hierarchy,
one-inch margins and headers containing chapter titles, Times
Roman" manual you created. If, however, you used very
specific typographic specifications, and an overall "different"
or unusual graphical look and feel that sets your manuals
apart from everyone else's, you might well be entitled to
copyright protection. My feeling is that this comes down to a
judgment call on the part of the judge.

Speaking purely as an educated non-lawyer...

--Geoff Hart @8^{)} Pointe-Claire, Quebec
geoff-h -at- mtl -dot- feric -dot- ca

"Patience comes to those who wait."--Anon.


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