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:

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".

And therein lies the problem. If you make a "new" image and it is impossible for you to know whether it is different "enough" from the original from which you were inspired, then it is patently unfair to prevent use of this image.

True there - you might think it's changed enough and some moron judge decides not..

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

Fair enough, the situation I despise is when I honestly feel I have made enough of an edit to someone's photo for it to be considered transformative or unique, and then some judge bans me from profiting from it because his personally disagrees, just as a matter of opinion. I can handle a trial in the court of public opinion because then I state my case or how it is transformative and have only ostracism tao deal with if I am found guilty.

.. as you said there.

The other thing to think about is intent - the use of the image.

If you take a photo and make it into a digital painting then you are unlikely to fall foul of IP laws.

If you take a photo and edit it, add a few things in, blended background stuff, and reprint it as a photo.. it would fall foul.

There was a famous case a few years ago, someone took their OWN photo of a London red bus and made a B&W with spot colour and got sued because it looked like someone else's - they copied the idea, not the photo..

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

And they shouldn't even be for that.

Lawyers should be for burning in a crashed bus at the bottom of a 400ft ravine!

Oh.. wait.. you were talking about the percentages..  hehe..

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