Copyrights for Templates Re: Styles for User Guides [longish]

["Eric L. Dunn" <edunn -at- TRANSPORT -dot- BOMBARDIER -dot- COM>]

Judyth Mermelstein wrote an extensive piece on copyrightable material.
However I'd like to challenge everyone to show how a template is any
different from a jig or tool used to manufacture something. Note however,
that I understand that graphic work and similar components can indeed be
copyrighted.
If you sell a template (empty with no documentation) as your own but
produced entirely by someone else, then I agree. What you are doing is
dishonest (and possibly/no doubt illegal). But in most cases you are
selling the documentation, the content.
John Posada was once again on the mark when he said: "No, the company paid
for the delivered manual. With exception, how I got there is my business,
and in fact, may be my competitive advantage when I bid for the next
contract. <snip> I say, that unless the template IS the deliverable, then
the template is part of the program [TOOL]."
If MS and Adobe have claims to every document on the planet as some would
have us believe, does Black&Decker or Dewalt have claim against all
carpentry done with their equipment? Once again, if you spray paint a B&D
and sell it saying you designed it then yes lawsuits await. Neither can you
only change a couple of parts and call it yours. But you don't have to add
a label to every table you make saying B&D tools were used. In fact, look
at the differences in various tools. WHile they may have one or two
patented parts, most are all identical save the colour. Much like many
templates.
If you order a special moulding from a carpenter, they'll make a special
cutting head specifically for your job. Will they destroy the tool once
they deliver to you? Never. They'll use that tool at every possible future
chance. If they buy new/special bit for their router or table saw (paid for
by the client), will they never use those bits again? Of course they will.
The fact they now have these new tools allows them to charge less to their
next customers.
If you design a template specifically for one client, then professional
ethics, as a minimum, forbid you to copy it exactly for another client. But
if a template is copyrightable/ownable, then what of copying the look and
feel of another document? Someone stands to make a fortune from all those
paperbacks using the same size, margins, and fonts.
Sharon Burton-Hardin raised an interesting question in my mind. She wrote:
"As a matter of fact, I charge a different rate for template development."
Is the rate less than, the same, or more than the regular rate? I'd
actually be inclined to say it should be much more than regular rate. You
are after all putting yourself out of a lot of possible future business.
The benefit to the client is not just the time spent making and organising
a template(s). The benefit is everytime the client ever uses the templates
as well. This to me would be much like the fact actors get residuals for
every airing of their work, not just the time spent producing it. Also, any
writer can use a template once it is stable and well produced. Template
production is another art altogether.

Eric L. Dunn

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