Time to debunk IP in digital art and photography once and for all

Started Aug 21, 2013 | Discussions thread
JamesMortimer Senior Member • Posts: 1,492
Re: Time to debunk IP in digital art and photography once and for all

Mikhail Tal wrote:

JamesMortimer wrote:

57even wrote:

Ask a copyright/patent lawyer. IP is a legal concept not a moral or logical one, so your argument is a complete waste of energy.

Also, isn't the concept of "change" one that is visible, for IP?

You have to change something so it is visibly different by 20-30% at least.

Is this figure of 20-30% figure something just a guess? Or is it written down somewhere? There is no way to objectively quantify the degree of visible change from one image to another that cannot be easily circumvented. For example I can just add 25% more pixels around the outside of an image in a white border, and now I've technically met the criteria. Or I can apply +0.5 EV to 20% of the image and again I meet the criterion of being visibly different. Percentages don't belong in this discussion at all.

I got those numbers from an online report on IP law, referring to digital image copying and theft.

(it was a few years ago, so, no I don't have a link, sorry)

The Issue is multi-fold. Any change has to stand up to scrutiny by the judge in the case.

If you added a border around the image such that you've added 30% of a change, the judge will still say it's the same image.

Same goes for a colour change - a judge will look at it and say that all you've done is fiddle with the colours.. but it's the same photo.

If you took a photo and turned it into a Monet-style digital painting, a judge might say that you've altered the image beyond the intent of the IP laws..  but it's still "might".

Essentially, the original thing applies - it's your own ethics that matter.
If someone is the thieving internet scumbag type then they will feel no moral twangs over changing a few pixels and saying it's theirs.

The honest person doesn't even need to ask about IP law definitions - he/she knows if he's doing the wrong thing.

So, you're right - percentages are for lawyers to fart about with, not really to discuss..

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