Re: Knock-off legalities?

SewStorm <[EMAIL PROTECTED]> wrote:
>> Plagiarism
>>isn't illegal (only copyright infringement), so it really doesn't make a
>>difference.
>>

> Au contraire, it most certainly IS illegal. If you are not a lawyer (and I take
> it you are not, bandying about misinformation like this), please do not make
> such blanket statements. 

I guess I wasn't clear.  Plagiarism that violates copyright IS illegal,
but plagiarism that does not violate copyright is not necessarily illegal
(unethical, yes, and I never said it wasn't).  There is a distinction
between copyright violation and plagiarism.  

Federal statutes (U.S.) address copyright infringement, but not
plagiarism.  However, plagiarism is illegal if it leads to a copyright
violation or is used to commit fraud.  An example of plagiarism that is
not necessarily illegal (under federal statute) would be if I hired
someone to write a paper for me that I later published under my name (with
their permission).  It would be highly unethical, a violation of
regulations at most academic institutions, but not necessarily illegal
(some states do have state statutes regarding academic plagiarism
however).  

Another example would be if you told me told me an idea which I later used
and passed off as my own, that would be plagiarism, but not copyright
infringement (therefore not illegal).  So, knocking off a designer's work
and calling it your own would be plagiarizing (you're using their idea
after all), but only illegal if they can prove that your version infringes
on their copyright.  I don't think clothing designs are explicitly covered
under US Copyright Law (see Title 17, Chapter 1, Section 102 of the US
Criminal Code), but could possibly be protected if the design is truly 
distinctive (see Title 17, Chapter 13, Section 1301).

More resources:
http://www.cswnet.com/~sbooks/genealogy/copyright/Plagiarism/plagiarism.htm
http://www.lib.unb.ca/instruction/CopyrightFAQs.html
http://www.hsc.edu/academics/computing/blackboard_help/faculty_copyright.htm

PS: You're right, I'm not a lawyer (neither was the McCall's service
person, BTW) but if it counts for anything, I am in a licensed profession
that requires knowledge of IP law (it's on the licensing exam).