yangmang617

jason
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commented on "Homage" or "Fake?" ·

It's exactly the same thing.  Though, it's not an issue of turning a blind eye, it's because it is difficult to copyright a design.

Processes and instructions, are things that are not copyright-able.  For example, I cannot copyright my recipe to make scrambled eggs using two eggs.  Similarly, its hard to copyright the application of twelve indexes around a circle, evenly spaced to signify the hours.

Ideas are also not copyright-able.  For example, the idea of two star crossed lovers from different warring families, is not a copyright-able concept.  Anyone can make up a story and write a book with this premise.

However, specific artistic works that express those ideas are copyright-able.  So, the story of Romeo and Juliet as written by Shakespeare was probably copyrightable at one point.  But, Romeo and Juliet as written my mike transcribed while drunk around the campfire, unless it takes phrases from Shakespeare's written play, is likely not an infringement on that copyright.

The problem for watch designs, are that they are functional products.  They end up being categorized as something between an idea and a functional process.  And not as expressions of those ideas and processes into a copyrightable work-unless there are aspects of the watch design are SO unique that maybe they can be... but then, it's only that aspect that can be copyrighted (like Louboutins and their red soles).