[Woodcarver] Copyrights

[maricha]

when an interesting face, scenery or object catches my eye and i have my camera with me, if it is an aborigine or ozzie, i ask if they mind my taking their picture.... if they agree, i take their picture and as it is my original i can make a sculpture/painting etc. but i always respect that person's integrity and use the photo wisely not in a crazy way....(the golden rule...always applies) and with scenery or objects ....it depends if they belong to some one etc. planning and evaluation of what you do is always essential when doing an original work.... which is so satisfying.

have just returned from a great holiday in darwin northern territory where the views are magnificent, nature at its best and these is WHERE THE WONDERFUL CREATIVE PROCESS GERMINATES.....TAKING A PHOTO  in a manner that no one else has taken it and using it wisely for enjoyment of many.



wonderful exchange of copyrights. THANK YOU ALL

cheers
maricha
  ----- Original Message ----- 
  From: Barney Elking 
  To: [Woodcarver] 
  Sent: Monday, November 07, 2005 6:24 AM
  Subject: Re: [Woodcarver] Copyrights


  DONATIONS to the Woodcarver Mailing List can be made using PayPal OR regular mail. Click this link: http://wwwoodcarver.com/WWWList/WWWList.html



------------------------------------------------------------------------------


  Ivan:
  A thought just occurred to me in the midst of this copyright discussion.  I take a lot of photographs of people in various activities - street celebrations, farmer's markets, outdoor craft shows, etc. and would like to be able to use them as a basis for the figures that I do.  Since I haven't a clue as to the identity of most of the subjects and their appearance is fleeting, can I use these photos as carving references without concerning myself that I am violating somebody's rights?

  Barney Elking
  Fortuna, CA

    ----- Original Message ----- 
    From: Ivan Whillock 
    To: [Woodcarver] 
    Sent: Sunday, November 06, 2005 7:48 AM
    Subject: Re: [Woodcarver] Copyrights


    DONATIONS to the Woodcarver Mailing List can be made using PayPal OR regular mail. Click this link: http://wwwoodcarver.com/WWWList/WWWList.html



----------------------------------------------------------------------------


    The fact that Degas painted ballerinas does not mean that all other paintings of ballerinas would infringe on his copyright or would not be original.  It all depends on the source.  If I studied real ballerinas to do my painting, it would an original.  If I used Degas' painting as my source that would not be.  To put it another way, If I use PRIMARY sources as my model--the real thing, or my own imagination, I am creating an original.  If I rely on a SECONDARY source--something that is already a work of art, then I am not.   (Thus, Bill's advice to take your own pictures is great advice because that way you are using primary sources.)

    To create an original you don't have to do something that has never, ever been done before.  You just have to do it on your own hook, not basing your work on a work that has already been created.  If you carve an old lady sitting in a rocking chair, you can't guarantee that someone somewhere hasn't also carved or painted an old lady sitting in a rocking chair, but the likelihood of one being taken as a copy of the other is very remote, considering all of the variables on the subject.  However, if you use  Whistler's painting as your pattern, then all bets are off.  You are basing your carving on another work of art.

    In addition, it is generally acceptable to do research of other works of art--a bit like that term paper we had to write in school.  If our paper was based on a reasonable number of sources--based on our own research, if was fine.  If we simply paraphrased a paper that had already been written--we got an F.  

    Likewise, if I want to do a Santa, and look at a whole lot of Santa carvings to get ideas and then put those aside and do my own version not based on any particular one of them, that would be fine.  If, on the other hand, I took a liking to a particular Santa, and copied or simply paraphrased that, I'd get an F in originality.

    ----- Original Message ----- 
      From: jdscrafts 
      To: [Woodcarver] 
      Sent: Sunday, November 06, 2005 8:18 AM
      Subject: Re: [Woodcarver] Copyrights


      DONATIONS to the Woodcarver Mailing List can be made using PayPal OR regular mail. Click this link: http://wwwoodcarver.com/WWWList/WWWList.html



--------------------------------------------------------------------------


      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 Berkall 
        To: woodcarver at six.pairlist.net 
        Sent: Saturday, November 05, 2005 2:51 PM
        Subject: RE: [Woodcarver] Copyrights


        DONATIONS to the Woodcarver Mailing List can be made using PayPal OR regular mail. Click this link: http://wwwoodcarver.com/WWWList/WWWList.html



------------------------------------------------------------------------


        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




------------------------------------------------------------------------


        _______________________________________________
        Woodcarver mailing list
        Woodcarver at six.pairlist.net
        http://six.pairlist.net/mailman/listinfo/woodcarver


--------------------------------------------------------------------------


      _______________________________________________
      Woodcarver mailing list
      Woodcarver at six.pairlist.net
      http://six.pairlist.net/mailman/listinfo/woodcarver


----------------------------------------------------------------------------


    _______________________________________________
    Woodcarver mailing list
    Woodcarver at six.pairlist.net
    http://six.pairlist.net/mailman/listinfo/woodcarver


------------------------------------------------------------------------------


  _______________________________________________
  Woodcarver mailing list
  Woodcarver at six.pairlist.net
  http://six.pairlist.net/mailman/listinfo/woodcarver
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://six.pairlist.net/pipermail/woodcarver/attachments/20051107/b84d6fff/attachment-0001.html