[Woodcarver] Copyrights

[Classic Carving Patterns]

Hey Jim!
 
I believe that I disagree with the thought that there is nothing
original.  Under Copyright laws you can not copyright a concept ... what
you copyright is your version, variation or interpretation of that
concept.  As an example, there is the very classic deer jumping over the
split rail fence moving form the corn field into the woods.  Of course,
there is an old red barn complex in the background.  You know that
scene, everyone does.  So that scene idea as described above can not be
copyrighted as it's a concept.  Now I draw my own deer and put in going
over my own fence with his back feet still on the ground with my own
choice of trees for the woods and my barn is a hip roof with two silos
and maybe I will throw a doe and two fawns somewhere hidden in between
the corn.  My drawing is my version of the concept and if it uses no
part (recognized as being worked directly from another artist's drawing)
it is copyrightable.
 
Now let's say you also do a drawing of the same concept but you have the
deer with him almost over the  fence, front feet touching, and you add
some stones at the base of the fence posts and you put your doe and
fawns disappearing into the woods and your barn is an old tobacco barn
with a corn crib next to it.  What you have created is your version of
the concept, it's original, it doesn't look at all as if you have used
my work to create yours and it's copyrightable.
 
So, no there may be no new concepts left although 20 years ago I would
never have thought I might do a pattern of the circuit boards inside of
a computer :) but there will always be new interpretations and versions
as long as there are new artists.
 
Susan Irish

Carving Patterns Online
Designs Online Since 1997!
Classic Carving Patterns By L.S.Irish
http://www.CarvingPatterns.com <http://www.carvingpatterns.com/> 
http://www.WoodCarvingPatterns.com <http://www.woodcarvingpatterns.com/>



-----Original Message-----
From: woodcarver-bounces at six.pairlist.net
[mailto:woodcarver-bounces at six.pairlist.net] On Behalf Of jdscrafts
Sent: Sunday, November 06, 2005 9:19 AM
To: [Woodcarver]
Subject: Re: [Woodcarver] Copyrights


I have found this discussion very interesting and there have been many
very good points made.  I still have a problem though.  It is my opinion
that in this time period it is extremely difficult to create something
that it totally original.  No matter how hard you try somewhere down the
lines of history some one else has done something very similar.  Do not
get me wrong, it is not impossible.  My relief of a witch flying a power
broom has probably never been done and I am sure there are very few if
any Santa's delivering a squirrel been done.
 
I recently did an angel as a gift for my parents though.  There have
been so many angels drawn of history I am sure someone could find a
drawing very similar to it.  I am presently doing a relief of Jesus, and
again am sure something similar could be found.  
 
My question is where is the line drawn?  Because we do something that
reminds someone of something they have seen, or done, does it mean we
have infringed on their copyright for the idea?
 
 Jim D.
http://www.picturetrail.com/oldtool2
http://www.jdscrafts.com

----- Original Message ----- 
From: Marcia  <mailto:whitwood at pivot.net> Berkall 
To: woodcarver at six.pairlist.net 
Sent: Saturday, November 05, 2005 2:51 PM
Subject: RE: [Woodcarver] Copyrights

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IMHO you are still in violation ....even if you don't get caught.  As
Byron said, "take the high road" ....because its the right thing to do.

My suggestion, if you are in need of copyright information, the best
place to go is the U.S. Copyright Office .  All the information you need
is there   http://www.copyright.gov/

Thank you, Ivan.....well put!!!

Marcia (aka Mush)
South China, Maine



At 02:37 PM 11/5/2005, Byron wrote: 


[snip] 

My point is that it's best to attempt to take the high road and not
directly copy, even then it could appear that there was a copyright
infringement.  However, creating one caving from a picture is so far
under the radar that the chances of the courts needing to determine the
applicability of the law are almost non existent.  



(I'm ducking, cause the flames are gonna be coming my way)


See Marcia's wood carvings at:
http://www.pivot.net/~whitwood
http://community.webshots.com/user/cahvah

Affordable Web Page Design:
http://artwebmaine.com <http://artwebmaine.com/> 





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