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General Forum - Copyright - Page 1

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Copyright
posted by too good to be true on Sunday, 1st May 2005, 10:48

Competent

A sculpter creates a statue.

A photographer takes a photo of it without permission.

I take the photo and turn it into a 3D photo without permission.

Who owns the copyright to the 3D photo?

RE: Copyright
posted by stuartdurrant on Sunday, 1st May 2005, 10:51

Competent

You do although you are in breach of the others copyright Confused

RE: Copyright
posted by Pete-MK on Sunday, 1st May 2005, 11:16

Elite Donator

Although the sculptor has the copyright on the statue, he/she more than likely has likeness rights too. So creating anything resembling the statue (including a 3D picture) would indeed infringe on the sculptor's CR

============================
Been nowhere
Done Nothing
Stole the T-shirt


My Collection

RE: Copyright
posted by Mike G on Sunday, 1st May 2005, 12:07

Elite

I may be wrong about this, but the copyright laws seem to apply to fixed structures but not moving structures, so you're allowed to take a photograph of a car, but not a building. (Unless the car can be classed as an "artistic work", in which case the photograph would breach the "artist's" copyright.)

Interesting stuff, copyright - it isn't just about music, videos, and games, as many people seem to think.

Mike

RE: Copyright
posted by BigmanInc on Sunday, 1st May 2005, 12:39

Elite

You need to consider intelectual (sp?) property rights too. Confused



...look into my eyes

RE: Copyright
posted by Chode on Sunday, 1st May 2005, 14:15

Elite

You own the copyright and can use it so long as it was taken from a public space, i.e. a road, path, even a passing double decker bus. That holds even if you were photographing something on private property. Since it was clearly viewable the owner has no rights over your taking a photo. We have no privacy laws here. But it is debatable in court if you were to go and used a forty foot ladder to get it!!

All that is about your right to keep the photo, or turn it into a 3D photo.

If you were to sell it or pass it on for free you would be breaking their intellectual copyright and could/would be pursued for damages for loss of earnings and the destruction, or to handing over of the photo.

If you turned it into a 3D computer image, it could be call a work of art, even a 3D photo could come into that, but if the sculptor took exception he/she could still go after you in court for its destrution.

Its 12 years since I had to read up on copyright law. so.....

I gonna kill that firefox spellchecker, and enjoy doing it.
--------------------------------------------------------
Bog off Foggy
Ok, I admit it, I HAD a Philips DVDR70...... now I'm getting withdrawal symptoms
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... If found, please return this person to the insane asylum

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