[Woodcarver] copyright laws
Ivan Whillock
carve at whillock.com
Sat Jun 21 10:48:35 EDT 2008
In reading the emails I've come to two firm conclusions: "Everything is original" and "Nothing is original."
Some people define original as "different" and argue that no two things are ever alike, even if you try to make them so, thus, EVERYTHING is original. We've had several writers express that point of view.
On the other hand, God was the originator of everything, and therefore everything is a copy of something and therefore NOTHING is original. We've had several email writers express that view.
It proves one of the curiosities of language: you can frame issues to "prove" opposites.
Yes, but . . .
Trouble is, the "everything is original" argument doesn't work as a defense when Disney threatens a lawsuit over your carving of Mickey Mouse. Hobbyists might do fine with the everything is original philosophy--until they try to sell. Then they should know that there are rules that don't accept that concept.
Nor does the "nothing is original" argument work when artists are trying to protect their right to make a living on their work. "Disney copied God's creation of a mouse, therefore I'm justified in copying Disney." "Every artist copies something" won't work in court either, nor in art shows that demand "original work."
New sellers need a workable understanding of the concept of "original work" that would respect the creations of others and would not get carvers into legal trouble for copying.
A workable definition of "originality" for artists has to lie somewhere between the "nothing is original" and the "everything is original" arguments.
Ivan Whillock Studio
122 NE 1st Avenue
Faribault, MN 55021
Visit my website at
http://www.whillock.com
Visit my Picture Trail album at
http://www.picturetrail.com/gallery/view?username=ivancarve
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