On 12/21/06, Guy Chapman aka JzG <guy.chapman(a)spamcop.net> wrote:
On Wed, 20 Dec 2006 19:54:03 -0500, "James
Hare"
<messedrocker(a)gmail.com> wrote:
Case in point: Captain Jean-Luc Picard(r).
So a caricature of Picard would be forbidden? Really?
A caricature of Picard would likely be a derivative work, since Picard
is a copyrighted character. Of course, it would also likely fall
under fair use, as it would likely be a highly adaptive derivative
work with little potential impact on the original.
I am honestly
confused here. What about, say, a painting of an aircraft? Is that
unfree by virtue of the manufacturer's rights, or the airline's logo?
A painting which incorporated a copyrighted logo would be copyrighted
as a derivative work. If the use was so insignificant as to be fair
use/fair dealing in just about any jurisdiction, I'd still call it
free though.
I have a friend who is a commercial artist, that is
not an idle
question.
Commercial artists rarely care about what is free/unfree, focussing
instead on what is legal/illegal.
Anthony