On Wed, Sep 28, 2011 at 8:34 AM, Nikola Smolenski smolensk@eunet.rs wrote:
On 28/09/11 13:44, Anthony wrote:
On Tue, Sep 27, 2011 at 11:52 PM, Nikola Smolenskismolensk@eunet.rs wrote:
The photograph does not constitute an origin or beginning.
Sure it does. Is there any such thing as an "original photograph"?
Yes there is, and this isn't it.
Why not? What constitutes an original photograph, as opposed to whatever this photograph is?
The photograph is not the first instance.
The original photograph is the first instance of the photograph. This
Copyright does not protect physical objects. The image that is fixed on the first instance of the physical photograph is not the first instance of the image.
Sure it is. I'm not sure where you're getting that from.
And if it isn't (which, you'll have to explain), can that be said about *any* photograph?
The photograph is not independent or creative.
Someone most likely selected the F-stop, the shutter speed, and the lighting. I doubt they just pointed the camera on auto and used the
The fact that you can devise a creative method to create an image does not mean that the image itself is creative.
No, it doesn't. However, I am contending that creativity most likely *did* go into creating the image.
As an extreme example, I can devise an extremely creative false backstory for me in order to gain access to a document, then photocopy it. The fact that I was creative while devising my story does not give me copyright to a photocopy.
True.
built in flash. Someone most likely selected how to convert the raw image into a jpeg or png or whatever they're using. They may have
How the hell is that creative?
Have you ever converted a raw image into a jpeg? If you have, then I would think you'd know how the hell it is creative.
For one thing, you're converting 12 or 14 bits of color data per pixel into 8. So you have to select what information to lose, and what information to keep.
even done some significant post-processing. Someone definitely
Post-processing could be creative, but the original photographs still are not.
The original photographs (*) are not what are displayed on the website.
(*) I thought you said these weren't "original photographs".
selected which camera to use, how many separate photographs to tile
This must be the worst pro-copyright argument of all times.
You need to reread what I said. I was not making a pro-copyright argument.
So I have two copiers in my company, and since I selected one of them the photocopies I made are *original* and copyrighted by me? They are not.
And I didn't say they were.
together, etc.
This choice is limited by technical possibilities of the devices and not by someone's creative decision.
Our choices are always limited by the technical possibilities of the devices we are using.