copyrighting classis car designs

[wag]

In an earlier thread someone asked about how companies can copy classic car designs. As I have a Daytona Replica it was a question I'd pondered too. To get the ball rolling I found this letter on the net www.cni.org/Hforums/cni-copyright/1998-04/1312.html. It says, “In principle, a design that appeals to the eye and which is new should be registrable under the Registered Designs Act 1949. Regardless of eye-appeal, a design for an article will have automatic unregistered design right (UDR) protection under Part III of the Copyright, Designs and Patents Act 1988 provided it is original (much the same originality test as copyright). A car design could be registered and would get 25 years' protection: if unregistered, it would get up to 15 years' protection under UDR.”

So I guess any car over 25 years (and probably 15) is fair game. However, that just covers the design of the car itself, I’m sure a replica manufacturer would infringe copyright if they put the original badges and logos on the car or represented it as the real thing without permission. Even if the original was clear of all copyright it might still be prudent not to mention the name in their marketing. The Cobra seems to get round this and I seem to remember reading it had something to do with AC and Shelby never agreeing who actually was the original designer or something like that.

However you look at it it’s still a grey area and I can’t see how the current crop of MR2/Ferrari 355’s, Diablo’s etc get round it but I’m sure there’s a good reason.

[liszt]

Seem to remember that Lotus sent a silouhette of the Esprit to a load of people including jounalist's and industry names and asked them to identify it.

Apparently it was to copyright the shape/image as being so easily identifiable.

[wculbert]

I believe Morgan are they only company the copyright their design and thier waterfall gril.
Thanks,
William

>> Edited by wculbert on Thursday 17th March 16:04

[jgmadkit]

Copyright lasts for 25 years initially but can and frequently is renewed, so in theory copyright can last forever as long as the copyright holder keeps renewing it.

John

[wag]

so if you are a replica manufacturer how do you know a) if a copyright still exists and b) when the original designers are going to come knocking on your door and try and put you out of business?