I posed this question to a board house I know.
     
     Their response was from a different angle.  They can understand very well 
     why someone would want to copyright a physical PCB.  But, since copyright 
     covers literary, dramatic, artistic or musical works, it seemed impossible 
     for them to copyright the physical board.
     
     They tried to skin the cat another way.  They took one step back in the 
     process to the artwork.  If they could control the artwork through 
     copyright, then they could control the board.
     
     AHA, they thought!  Now, they had something!  BUT, Uncle Sam came in and 
     declared that artwork for PCBs is considered a "TOOL".  If they wanted to 
     declare the artwork "COPYRIGHTED", their TAXES changed.  They have been 
     fighting the IRS on this for a couple of years.
     
     Combine the above with your explanation below, it sounds like the IRS is 
     perfectly willing to forgo the artistic expression argument side of things 
     just so they can get their hands on more money.  I'd be careful on this 
     one!


______________________________ Reply Separator _________________________________
Subject: Copyright on a PWB (fwd)
Author:  [log in to unmask] at internet-mail
Date:    4/24/96 10:50 AM


This response comes from my husband who is an attorney.  It is a follow 
up to the copyright discussion from last week.
     
     
-----------------------------------------
Regarding whether copyright will protect the design of a PWB, the 
answer is "it depends."  But first the disclaimer:  This is an off 
the cuff answer to a theoretical question.  Do not treat it as 
legal advice.  
     
As a general matter, copyright covers "original works of 
authorship in a tangible medium of expression."  A creative 
designer could use a PWB as a canvas for his or her artistic 
efforts.  In that case, the PWB would be subject to copyright 
protection because the board would be the expression of the 
author's ideas.  But that is not much help to the industry.
     
A utilitarian PWB designed not for aesthetics but to a customer's 
specs for a given product, presents a harder question.  To the 
extent the designers make creative decisions in the path layout 
that are _not_ dictated by engineering considerations, the board 
could be subject to copyright protection.  If, however, the paths 
are placed based on an algorithm designed to create the shortest 
paths over the least surface area, with the least thermal 
radiation, etc., the "expression" will have "merged" into the 
design of the product and there will be no copyright.  This is why 
things like the recipes, lists of ingredients and telephone 
directories generally do not have copyright protection.
     
I will post this question to an on-line forum for copyright 
lawyers and see if the answers are different.
     
Larry Friedman
Barnes Richardson and Colburn