Re: Re: Re: "Screen Grabs" and Copyright
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Posted by M Arthur Auslander on May 09, 2002 at 00:56:03:
In Reply to: Re: Re: "Screen Grabs" and Copyright posted by Edward Madden on May 08, 2002 at 20:04:48:
: Dear Mr. Auslander,
: Many thanks for your reply. I have looked into this further and my belief is now as follows:
: (a) The Graphical User Interface (GUI) of a computer program may be the subject of copyright protection if it is sufficiently original and does not seek to copyright functional elements (Lotus v. Borland in US and British Leyland in UK/Ireland)
: (b)The use of the computer program will be subject to an end-user licence which invariably deal with this issue and in some cases do not allow th euser to take screen grabs.
: (c)The work created in the computer program if it is sufficiently original will attract copyright protection for the creator. i.e. a person who creates a picture in the program "Adobe Photoshop" will own that picture, but the rights in the ADobe Photoshop GUI remain in Adobe.
: (d) The fact that the GUI is incorporated in the screen grab is incidental.
: (e) The use of the GUI picture in the screen grab may be necessray for such use as creating a manual on how to use the product.
: (f) In Europe we have "the Essential Facilities Doctrine" which is an Anti-Trust doctrine developed at EU Level in the Magill case which seeks to counteract the negative aspects which monopolies deriving from IP can create.
: If you abuse your monopoly position to prevent a new product coming onto the market which such product necessrayily relies on your protected product then that could be regarded as an abuse of a dominant position.
: A software owner preventing the publication of manuals on how to use his products could be seen as such an abuse.
: Nevertheless in the absence of any cases on th euse of screen grabs it is an uncertain area !!
: : Anybody know what is the position concerning the use of "screen grabs" and other pictures of computer programs in operation, for the purposes of inclusion in a training manual???
: : : Comments would be most welcome
: : Dear Mr. Madden,
: : M. Arthur Auslander
: : Auslander & Thomas-Intellectual Property Law Since 1909
Dear Mr. Madden,
What you show looks good. I don't have time to analize what you have said. Basically If I was on the other side, I feel conficent that I could do something.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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