Commons:Village pump/Copyright

‎What resolution passes on this one, opinions?
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Revision as of 01:54, 1 April 2013
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::Yep, that can be a fine line as well. Using a computer as a tool is still creativity. But once something gets algorithmic, it's not individual expression. A programmer that creates an effect usable in a graphics program does not have any copyrights over an image where that effect is used (rather just the precise computer code they wrote). An artist who uses that effect as part of an image they create, that is very different, though it would have to be more than just that one effect. [[User:Clindberg|Carl Lindberg]] ([[User talk:Clindberg|talk]]) 15:58, 31 March 2013 (UTC)
 
::Yep, that can be a fine line as well. Using a computer as a tool is still creativity. But once something gets algorithmic, it's not individual expression. A programmer that creates an effect usable in a graphics program does not have any copyrights over an image where that effect is used (rather just the precise computer code they wrote). An artist who uses that effect as part of an image they create, that is very different, though it would have to be more than just that one effect. [[User:Clindberg|Carl Lindberg]] ([[User talk:Clindberg|talk]]) 15:58, 31 March 2013 (UTC)
 
*I just came across [[:File:Pamelyn Ferdin 1972b.jpg]]. A sketch of a person and the author doesn't state if it was done from a photo or not.--[[User:Canoe1967|Canoe1967]] ([[User talk:Canoe1967|talk]]) 19:47, 31 March 2013 (UTC)
 
*I just came across [[:File:Pamelyn Ferdin 1972b.jpg]]. A sketch of a person and the author doesn't state if it was done from a photo or not.--[[User:Canoe1967|Canoe1967]] ([[User talk:Canoe1967|talk]]) 19:47, 31 March 2013 (UTC)
 
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** Doesn't necessarily need to. If we find a photograph it's derivative of though, then it would bring that into question, plus any other similar-looking uploads that user has done. But unless something like that can be shown, assume good faith I think. [[User:Clindberg|Carl Lindberg]] ([[User talk:Clindberg|talk]]) 01:54, 1 April 2013 (UTC)
 

 

 
Not every image of a person is the same: Even in photos, people turn to the right or left, their hair moves, the look on their faces change. The choice of when to capture the image and which expression and angle and other disposition to capture is part originality and partly fortuitous in a photograph. If someone who sees the old work and the new work both, and it appears that they are the same shape and composition, despite it being in pencil or paint instead of a photograph, then it's most likely that the old work's creativity is "shining through", and that both the old author and new author have copyright interest in some aspects of the new work. Here is an example that shows what happens with this sort of thing: [[:en:Barack Obama "Hope" poster#Origin and copyright issues]] (2008–2012) — A famous poster in the 2008 U.S. election. [[:en:Shepard Fairey|Shepard Fairey]] created this poster as [[:en:stencil art|stencil art]], using custom-made [[:en:stencil|stencil]]s. Still, the judge in the copyright (civil) case told Fairey that the original photograph copyright holder (Associated Press or Mannie Garcia) would probably win the court case against him if he didn't settle. He settled the civil case, but later pled guilty to criminal charges about lying and creating and destroying evidence about which photograph he really used. --[[User:Closeapple|Closeapple]] ([[User talk:Closeapple|talk]]) 00:37, 1 April 2013 (UTC)
 
Not every image of a person is the same: Even in photos, people turn to the right or left, their hair moves, the look on their faces change. The choice of when to capture the image and which expression and angle and other disposition to capture is part originality and partly fortuitous in a photograph. If someone who sees the old work and the new work both, and it appears that they are the same shape and composition, despite it being in pencil or paint instead of a photograph, then it's most likely that the old work's creativity is "shining through", and that both the old author and new author have copyright interest in some aspects of the new work. Here is an example that shows what happens with this sort of thing: [[:en:Barack Obama "Hope" poster#Origin and copyright issues]] (2008–2012) — A famous poster in the 2008 U.S. election. [[:en:Shepard Fairey|Shepard Fairey]] created this poster as [[:en:stencil art|stencil art]], using custom-made [[:en:stencil|stencil]]s. Still, the judge in the copyright (civil) case told Fairey that the original photograph copyright holder (Associated Press or Mannie Garcia) would probably win the court case against him if he didn't settle. He settled the civil case, but later pled guilty to criminal charges about lying and creating and destroying evidence about which photograph he really used. --[[User:Closeapple|Closeapple]] ([[User talk:Closeapple|talk]]) 00:37, 1 April 2013 (UTC)

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