On Jul 26, 2012, at 5:51 PM, Anthony wikimail@inbox.org wrote:
On Thu, Jul 26, 2012 at 6:23 PM, Ray Saintonge saintonge@telus.net wrote:
Copyrights wouldn't apply because you own the copyrights in the pictures you take.
Maybe. You own the copyright fully if you are the sole contributor of the creative input which went into the picture. If someone else also contributed, then you might own the copyright in the picture as a derivative work (extending only to your contributions), <snip>
I hope you don' t my picking out this piece from your email and ignoring the rest. Simply photographing a copyrighted work does NOT create a photograph that is a derivative works. For a photo to be a derivative work you have to really go beyond timing, lighting, point and click.
This claim of photographs as derivative works came up just a few weeks ago in the trademark discussion. I never directly addressed this issue during that discussion While I felt certain at the time, there was some error in this claim. I could not recall the reasoning behind the counter-point. I just came across the in-depth discussion. If anyone is interested the links follow, and don't forget to read the comments. The comments are actually were is explained in lay terms instead judicial terms.
http://williampatry.blogspot.com/2008/02/photographs-and-derivative-works.ht... http://williampatry.blogspot.com/2008/02/photographs-and-derivative-works.ht...
Birgitte SB