In a message dated 12/7/2008 1:35:01 PM Pacific Standard Time, nadezhda.durova@gmail.com writes:
On second thought, those pics would be derivative works of the cover and hence not acceptable for Commons.>>
---------------------- A derivative work must pass the "substantially similar" bar (in the US at least). I don't think a picture of you in your purple spandex alligator costume holding up an album cover, while simultaneously eating a plate of spaghetti, is substantially similar to the album cover itself (but I may be wrong).
Which is why, for example, an index to all the words used in a book, does not violate the copyright of the book, because an index, is not a novel.
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2008/12/9 WJhonson@aol.com:
In a message dated 12/7/2008 1:35:01 PM Pacific Standard Time, nadezhda.durova@gmail.com writes:
On second thought, those pics would be derivative works of the cover and hence not acceptable for Commons.>>
A derivative work must pass the "substantially similar" bar (in the US at least). I don't think a picture of you in your purple spandex alligator costume holding up an album cover, while simultaneously eating a plate of spaghetti, is substantially similar to the album cover itself (but I may be wrong).
Which is why, for example, an index to all the words used in a book, does not violate the copyright of the book, because an index, is not a novel.
If the album cover is the key feature of the picture (which it would be, since that's the point of making the picture) then it could well be enough.