[Commons-l] Are models works or arts ?

[samuli at samulilintula.net]

> Philosophical problem here - any photographer has immediate copyright in
> even their own latent image.  The original model is not being copied.
> The photographers is creating a new copyright work of their own
> authorship when the photographer makes a photograph.  Photographers do
> not "take" anything, in this context, they "make" new copyright works of
> their own authorship at each click of their camera shutter release
> button!  If a photographer were to put down their camera and construct a
> duplicate model ship, THAT might be copying the original model.
> Photographing is not copying, in this context.  The premise below is
> wrong for non-flat (two dimensional) original works of art (art =
> artifact, not capital "A" "Art", meaning "expensive stuff in museums",
> not what we're talking about here).

Philosopical problems aside, copyright law isn't only about the right to
copy. From Wikipedia:

"Several exclusive rights typically attach to the holder of a copyright:
*to produce copies or reproductions of the work and to sell those copies
(including, typically, electronic copies)
*to import or export the work
*to create derivative works (works that adapt the original work)
*to perform or display the work publicly
*to sell or assign these rights to others
*to transmit or display by means of digital audio transmission (XM
Satellite Radio, Sirius)"

The original question is, however, interesting.

-- 
Ystävällisin terveisin,
Samuli Lintula