Umm, first off, I dont think a "copyright" is what they would seek for protection. As best I could tell, they would have to apply for a "Design Patent". I dont know of any offhand, and since I'm not at work, I cannot readily check. But I *can* say that B&M do not have any "Design Patents".
However, I think it would be really short sighted for a coaster company to do such a thing. "Design Patent" are basically just drawings or snapshots of the product. Let's assume en arguendo that Vekoma *did* have a "Design Patent" on their SLCs. It would be quite easy for B&M to 'adapt' their version of the layout in such a way to avoid infringing on the "Design Patent". For example instead of that little 'dip & rise' into the brake run they could put in an S turn. Then the "Design Patent" would hold no jursidiction.
Moreover, seeing as though Maurer-Sohne, Arrow and Mack all have wild mice that are virtually identical, I think coaster companies dont even bother....
jeremy
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"To get into this head of mine, would take a monkey-wrench, and a lot of wine" Res How I Do
I believe the law is some to the effect of "as long as it's different enough there's not an issue". This is why B&M was able to offer a flying coaster a few years after Vekoma - they changed Vekoma's design enough, adapted the technology in their own unique way enough to make it a non-issue. I do think the technology used is patented (in fact many people have referred to coaster technology patents on coasterbuzz) - however I'm not sure a track layout could be and even if it was, like Jeremy said, you'd just have to change one element slightly to make a different layout.
Bottom line if someone directly used a competitor's technology you can bet it'd be an issue but if they take the idea and adapt it in a way to make it "their own" then there's really nothing anyone can do about it.
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www.coasterimage.com
Dorney Park visits in 2002: 15
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LocoBazooka--Sevendust, Nonpoint, Stereo Vent, Mushroomhead
Korn Tour (With no name)--Korn, Puddle of Mudd, Deadsy
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Nessy: Ride of Steel
Webmaster of Digital Coaster - http://digital-coaster.com
Nessy, I know all about clones. I am saying that two different companys use the same design to build a coaster using the same layout. But it has been explained pretty well, thanks for the response everybody!
CPgenius said:
I'm surprised that layouts can be copied and sold to other parks outside of a franchise. This has happened with Raptor, and Mantis (but Chang is mirrored with an extra corkscrew instead of a spaghetti bowl at the end.
I think it's because the park (Cedar Point) doesn't own the design, the designer does (B&M) - I'd imagine they can do whatever they want with their designs. Perhaps there is some clause in the purchase to prevent this. If so then technically a mirrored clone would be a sneaky little way around this sort of clause.'
Anyone know more about that sort of situation?
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www.coasterimage.com
Dorney Park visits in 2002: 15
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LocoBazooka--Sevendust, Nonpoint, Stereo Vent, Mushroomhead
Korn Tour (With no name)--Korn, Puddle of Mudd, Deadsy
Correct me *if* I’m wrong, I believe that the Raptor "clone" has actually slightly larger dimensions.
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The Other Siebert
What I don't understand is how 4-across seating can be copyrighted (by B&M). Is that actually true, or just a rumor?
If so, what is to stop someone from copyrighting 2-across seating? Its all so strange...
B&M don't hold the copyright for four across seating in its entirety. Nor can anyone. They can however copyright their train design and parts of their trains that are specific and original.
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The Other Siebert
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