Re: Re: Re: Can I sell screen savers made from "Masters" paintings
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Posted by Jeffrey P. Donohue on April 23, 2001 at 11:47:13:
In Reply to: Re: Re: Can I sell screen savers made from "Masters" paintings posted by M. Arthur Auslander on April 20, 2001 at 04:10:33:
Well, I assume that by "reprocuctions", you mean "reproductions." But in any event, you're confusing the matter so that the uninitied wouldn't understand.
What you're talking about are derivative works. The Copyright Act's protection extends only to "new matter added by the creator of a derivative work," and "does not affect or enlarge the scope, duration, ownership, or subsistence of any copyright protection in the preexisting material." See 17 U.S.C. S. 103(b).
Unless they've added something, your client's "reproduction" of a Mona Lisa wouldn't be protected by the Copyright Act unless there is a "creative" aspect to the reproduction. And then only that newly added "creative" aspect is protected. (A word to those who are reading that, however, is that "creative" is fairly broadly defined.) Creativity is the lynchpin of Copyright protection.
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