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Print at Apr 1, 2020 2:37:13 PM
|Posted by wrs1864b at Mar 9, 2011 12:20:47 PM|
Re: How much inspiration is too much inspiration?
This is a very good approach to the problem. It is totally up to OOO to weigh the risks and for them to decide what they want to do.
I do not read the events forum, let alone that thread in the events forum, so of course I didn't not say anything. Pishkirlin's entry (a redrawing of Edward Hughes' Valkyrie's Vigil) was not selected as a winner, it is quite possible it was not selected for that reason.
And, no, it is not up to the OMs to decide what "original work" is, it is up to the courts. There are reasonably well established standards for what "original work" means and I suspect that Pishkirlin's would be declared a derivative work also. Remember, this is an area of law that has very little do with being "reasonable" or "common sense", and very much to do with rich/powerful copyright holders (indirectly) writing laws to give them the most power they can get.
Edit: oh, Hughes' painting is *probably* out of copyright, so Pishkirlin's work would probably be a derivative work of an imaging in the public domain, so it would be legal. Earlier in this thread, false_dmitri raised the point about whether the christmas tree image was from "over 100 years ago", for this very reason.
Algol can not assert the truth of all statements in this post and still be consistent.
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