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   Author  Topic: Using newspaper pictures.  (Read 3210 times)
m
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Re: Using newspaper pictures.
« Reply #5 on: Jun 2nd, 2004, 12:53am »
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Arthur: Exactly what I meant, it is a derivative work much like an improvement patent: you may own the derivative, but any use if it infringes the basic work unless license or statutory exception allows you.
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M. Arthur Auslander
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Re: Using newspaper pictures.
« Reply #6 on: Jun 2nd, 2004, 9:31am »
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Dear m,
 
I don't care what the nomenclature is, I like to help keep my clients out of trouble and yet not be timid.
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M. Arthur Auslander
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nobody
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Re: Using newspaper pictures.
« Reply #7 on: Jun 5th, 2004, 8:04am »
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'm' wrote: "Arthur: Exactly what I meant, it is a derivative work much like an improvement patent: you may own the derivative, but any use if it infringes the basic work unless license or statutory exception allows you."
 
What are you basing that on? The federal statutes say otherwise. You do NOT own any rights in the derivative work. Do you have some specific case law you are referring to?
 
If your added work is substantial enough to stand on its own, apart from the derivative work, then you would own the rights in that work.
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Isaac
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Re: Using newspaper pictures.
« Reply #8 on: Jun 5th, 2004, 8:03pm »
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on Jun 5th, 2004, 8:04am, nobody wrote:
'm' wrote: "Arthur: Exactly what I meant, it is a derivative work much like an improvement patent: you may own the derivative, but any use if it infringes the basic work unless license or statutory exception allows you."
 
What are you basing that on? The federal statutes say otherwise. You do NOT own any rights in the derivative work. Do you have some specific case law you are referring to?
 
If your added work is substantial enough to stand on its own, apart from the derivative work, then you would own the rights in that work.

 
I agree with 'nobody' that the creator of a derivative work has no rights in the derivative work if he does not have permission to use the underlying work.  He may have rights in his own part if it is separable from the original.
 
However in the original scenario, it is not clear that the problem in the original picture is a copyright problem.  If I take an unauthorized picture of a person or his dog, that does not create a copyright problem.  However if the owner of the dog tried to copy or distribute the picture without permission of the photographer, I think there is copyright infringement.
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Isaac
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Re: Using newspaper pictures.
« Reply #9 on: Jun 6th, 2004, 3:43pm »
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"I agree with 'nobody' that the creator of a derivative work has no rights in the derivative work if he does not have permission to use the underlying work.  He may have rights in his own part if it is separable from the original."
 
Isaac, here's a complication to that scenario:
 
What if somebody colorizes a B&W movie from 1924.  Not knowing it is still under copyright protection, they re-release it. They would not own the rights in the derivative work, and would be exposed to damages, but...
 
The question for you is: after 2019, when the original becomes PD, does that mean that the colorized version will also be PD? Who owns (if anybody) the colorized version?
 
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