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List: kde-licensing
Subject: Re: art licensing question
From: Ingo =?iso-8859-1?q?Kl=F6cker?= <kloecker () kde ! org>
Date: 2008-08-23 22:09:30
Message-ID: 200808240009.30722 () thufir ! ingo-kloecker ! de
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IANAL and therefore I probably shouldn't have replied.
On Friday 22 August 2008, Matthew Woehlke wrote:
> Hopefully there are some US copyright lawyers around here ;-). I want
> to create an SVG that looks like a giraffe's patterning. Now, lets
> say my art skills suck, and the only possible way I can do this is to
> trace (NOT automated; by hand) a small section of a (presumably
> copyrighted under a restrictive license) photo of a giraffe. Given
> that what I'm tracing has the originality of tossing a giraffe pelt
> (which itself cannot be copyrighted) on a scanner (and therefore, may
> not qualify for copyright), is this OK?
In general, I'd say no. You are creating a derivative work. Depending on
the license you might be allowed to create a derivative work.
> At what point is a photo of a
> non-copyrightable object sufficiently original to be copyrighted?
Any photography is copyrighted.
From
http://www.copyrightservice.co.uk/protect/p16_photography_copyright:
<quote>
Who owns the copyright on photographs?
Under law, it is the photographer who will own copyright on any photos
he/she has taken, with the following exceptions:
- If the photographer is an employee of the company the photos are taken
for, or is an employee of a company instructed to take the photos, the
photographer will be acting on behalf of his/her employer, and the
company the photographer works for will own the copyright.
- If there is an agreement that assigns copyright to another party.
</quote>
This seems to refer to UK law, but I think more or less the same is true
in almost any county.
For Germany have a look at this:
http://www.fotorecht.de/publikationen/schutzfrist.html
In Germany there is a difference between simple photographies and
photographic works. The latter are protected for a longer period of
time.
> Is the choice of *what* giraffe to photograph sufficiently "original"?
> (And yes, I know, the Best Thing To Do is to find my own giraffe to
> photograph, however let's assume that's not an option, or maybe that
> I'm in love with the marking on a particular giraffe in such a photo
> ;-).)
Go to a zoo and take a picture of a giraffe. Or maybe one of your
friends made a photography of a giraffe and allows you to use his
photo.
> (The above is actually a real example, though one of more immediate
> concern involves a slab of granite. Again, AFAIK a slab of granite is
> not copyrightable;
I assume this a slab of natural granite and not a slab of some fake
artificial granite.
> if I have a picture that is effectively a scan of
> said slab, is that picture subject to copyright?)
Effectively? Is it a scan? Or is it a digital photography? Or is it a
scan of a photography?
Anyway, I'd say the picture is subject to copyright in any case.
Regards,
Ingo
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