[Commons-l] Are models works or arts ?

[Alex Nordstrom]

Wednesday, 7 November 2007, Andre Engels wrote:
> However, I think that we should cut ourselves *some* slack in the
> depiction of copyrighted works. Very little can be photographed
> otherwise - a car or a piece of technical apparatus is designed, and
> thus copyrighted,

No; the design of a utilitarian object is subject to a higher threshold 
of originality and is therefore usually not copyrightable. The design 
of cars are instead protected by design patents. Things like closeups 
of hood ornaments or badges, however, are problematic.

> and even photographing a person would be 
> problematic, as you'll have to reckon with their clothing designer.

Again, most aspects of clothing design will be dictated by its 
utilitarian properties. Of course, the print on a t-shirt may be 
copyrightable, but if the objective is to depict the person, such 
inclusions are usually secondary and acceptable under the de minimis 
rule.

-- 
Alex Nordstrom
http://commons.wikimedia.org/wiki/User:LX
Please do not CC me in followups; I am subscribed to commons-l.
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