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Art and the DMCA (Re: Relevant reading)



Here's another related bit, from one stock art company's web site:

http://www.comstock.com/web/IHF/LICENSE/IHFLicensePiracy.htm

Since I'm not a huge mp3 collector, but I do love to play around with 
Photoshop and alter/combine/collage bits of 'found' images, this is a much 
more relevant application of the DMCA for me.  

To use Peter's analogy:
("To flip this around, CDs are rival goods.  The recipe for M&Ms is not.")  
The recipe *IS* just as 'protected' under copyright law as the product M&M... 
and, to take it even further, it says that it would be illegal to make M&M 
cookies without the permission of M&M, too!  

Frankly, I don't understand it.  I understand why plagarism is wrong, but I 
get lost when you get into derivative works... if you're significantly 
altering it (putting it in your own words, to stick with the plagarism 
analogy) where's the 'wrong' in that?  

A few possibly provocative quotes on other issues (from the above site):
"...there's a common misconception that any image appearing on a website may 
be downloaded and "saved" to disk.  This is absolutely not the case.  The 
very act of saving a copyrighted image to your local disk -- regardless of 
whether you ever do anything else with the image or not -- constitutes a 
copyright infringement..."

"Watermarking involves digitally embedding into an image a symbol that 
identifies the copyright holder.  The Digital Millennium Copyright Act of 
1998 makes it a criminal offense to remove watermarks meant to protect 
copyright.  ... Not only is the act of removal prohibited, the courts assume 
that the very attempt indicates a willful intent to violate somebody's 
copyright."

Hmph....
Anita
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