Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-29T04:08:37.207Z Has data issue: false hasContentIssue false

9 - Design Rights, Tangibility, and Free Expression

Published online by Cambridge University Press:  24 July 2019

Lucas S. Osborn
Affiliation:
Campbell University, North Carolina
Get access

Summary

Chapter 9 considers the role of design rights for DMFs. In it, I argue that DMFs should only receive design protection if the object they will print would receive such protection. Current practice in many jurisdictions is to the contrary. They protect any qualifying images if they appear on a computer screen. I argue that this approach impermissibly protects mere artistic images, which should be protected, if at all, by copyright law. I offer a framework for a teleological approach to design right in digital images and focus the approach on DMFs specifically. In addition, I describe how the EU Design Directive includes many important safeguards for free speech, experimentation, and private use. I recommend that the United States include similar protections in its design patent laws.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×