View Single Post
  #10 (permalink)  
Old 03-10-2008, 12:39 AM
beez's Avatar
beez beez is offline
Super Moderator

4,000 post club
Awards Showcase
Community Leader: Given to someone who goes above and beyond to help others and promote the community. - Issue reason: Hey someone nominated you! :) PCA Member: Given to members who are currently part of PCA and have a valid PCA member ID# in their user profile on this site and have applied for and been admitted to the PCA Members Group on this website via the Group Memberships link in the User Control Panel - Issue reason: 2/5/2008 Gallery Silver: Award given to someone who has uploaded at least 100 photos to the Gallery - Issue reason: Attained Jan 2008 Cayman Registry: Award given to someone who enters their Cayman into the Cayman Registry complete with Photo! - Issue reason: 2/21/06 Entry Donations Gold: Given to someone who has donated at least $200 to the site. - Issue reason: Calendars, and more! 
Total Awards: 9
 
Join Date: Dec 2005
Location: Las Vegas, Nevada
Posts: 4,797
Country:
Quote:
Originally Posted by ARCuhTEK View Post

As a matter of opinion and no relation to legal fact, I disagree with certain art being of a derived method, ALSO being protected under copyright laws. I am NOT trying to initialize a debate here. There is no doubt that were it not for the Cayman sitting in that image, that I personally would not have been able to arrive at this shape or art. But to then say that Porsche owns every image derived from the Cayman is a little weird. Who is to say that even with the Cayman, they would have been able to arrive at this exact piece of artwork?
I tend to agree sometimes... and not others... mostly because it seems that most instances - especially "derivative work" - are very different, so they should probably be looked at on a case-by-case basis - and, "trade dress" and certainly "derivative work" can seem pretty esoteric... but even a copy machine copy of a photograph is technically a "derivative work"...

... but then George Harrison had to pay because "My Sweet Lord" had some of the same notes in it as "He's So Fine..." So, ya never know...

brad
__________________
21-year PCA Member
PCA DE Instructor
Reply With Quote Up!