[WikiEN-l] Wikimedian image restorations exploited on eBay
Ray Saintonge
saintonge at telus.net
Sat Sep 19 16:54:33 UTC 2009
Durova wrote:
> A new creative copyright is generated each time a tourist stands beneath the
> Venus de Milo and takes a snapshot due to the inherent creative decision in
> choosing angle and lighting when photographing three dimensional artwork.
>
No, the copyright is not generated until the photo is fixed in a
published form. Often the photographer is unknown because he is a
passing stranger to whom we hand our camera for the single purpose of
taking that picture.
> Creative copyright also attaches when the same tourist heads over to the
> Mona Lisa and takes another snapshot, since the frame around the Mona Lisa
> is three dimensional (there's also the creative joy of capturing dozens of
> tourist ballcaps in the periphery).
>
I would prefer to wait until the ballcaps have moved out of the picture,
and I can easily crop out a rectangular frame. It's also important to
remember that the criterion for copyright is originality rather than
creativity.
> At the time of that work I was thinking if it came out right, a viewer might
> imagine for an instant that Admiral Farragut was capable of turning and
> ordering another assault on New Orleans. Of course with eyes a few pixels
> moved and the expression could have turned out entirely different.
Another change in the eyes could have him leering suggestively toward a
youthful crew member.
Ec
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