On Mon, Mar 26, 2018 at 12:11 AM, Hadi Tahir via Origami < origami@lists.digitalorigami.com> wrote:
> > i've made a video tutorial on youtube about origami sampan, based on a > modified tradiotional origami sampan. > here is the diagrams: https://haditahir.wordpress. > com/2016/04/19/origami-perahu-sampan/ > well, i've never claimed that it is my design, since it doesn't differ > much from the original origami sampan, and i still consider it just a > modified traditional model that everybody can use for free. > > but a month ago, someone sent me a message, that my video infringes > someone's copyright (http://www.origami-make.org/ > origami-boat-large-sampan.php (published on December 1, 2010)) which i > have never known before, and asked me to remove the video. > > can anybody give me an advise of what i should do? should i remove the > video, or should i keep it and give some explanation about the case? > By my understanding, if something does not have a copyright (e.g. a traditional origami design, like the Sampan) then if you make some kind of copy of it, *your new copy cannot have a copyright, either*. If you manage to add something new/creative to the work, then your copyright would be *only* in that new, creative bit, but not the traditional parts. And if you came up with the new, creative stuff independently from someone else, then you do have your own rights to that new part. So if their video is just a video of the traditional sampan design, they cannot have any copyright in their video, except those features of the video which could be deemed new and, especially, creative. If theirs is a similar modification to yours, and you both came up with it independently, then you both have the right to create instructions for it. If your video does not look like theirs - does not look like a *copy* of theirs - but is just a video instruction of your sequence of folds of the sampan, with some modifications... then I don't think they can complain. And given Youtube's general position on video-re-diagramming of otherwise-published pieces, I would say they would support you in this. If you are not distributing a *copy* of these other people's video, but your own version, then this is no different from people who do video instructions for things published elsewhere in print - which we know Youtube allows. So it would seem to me you're fine either way. Worst case, really, is that the other people complain to Youtube, and Youtube could take your video down. But I think you'd have a strong case for your own rights to produce the video, and could counter any complaints. But, of course, I am not a lawyer. If you're really concerned, you need to seek an actual attorney's advice. Anne
