Copyrights and derived works.
Tuesday, December 4, 2001 by Jafo | Discussion: WinCustomize Talk
Just something I posted on a thread on DA which may go a small way towards explaining issues of plagiarized works...
......if 51% is original, that implies that 49% is not.
For a 'derivative' work to be considered not a copyright issue it must be sufficiently different to be a coincidental creation, and therefore not derived at all.
If an artist admits and credits a source of the derivation he is still in breach of the copyright as he has put the original artist's work to a use for which its release was not intended.
Any part, no matter how small, that is not your own is someone else's, and therefore not yours to use.
The comment that a 1% rip is a rip is correct.
It cannot be quantified....."oh, shucks...I done half of it so it's all mine..."
It is either ALL yours or it isn't.
If it isn't 'ALL YOURS' that part which isn't MUST have the owners permission to be used.
Credit is not enough. In fact, credit without permission is just a declaration of copyright theft....
What are your thoughts?
......if 51% is original, that implies that 49% is not.
For a 'derivative' work to be considered not a copyright issue it must be sufficiently different to be a coincidental creation, and therefore not derived at all.
If an artist admits and credits a source of the derivation he is still in breach of the copyright as he has put the original artist's work to a use for which its release was not intended.
Any part, no matter how small, that is not your own is someone else's, and therefore not yours to use.
The comment that a 1% rip is a rip is correct.
It cannot be quantified....."oh, shucks...I done half of it so it's all mine..."
It is either ALL yours or it isn't.
If it isn't 'ALL YOURS' that part which isn't MUST have the owners permission to be used.
Credit is not enough. In fact, credit without permission is just a declaration of copyright theft....
What are your thoughts?
migellito
Reply #2 Tuesday, December 4, 2001 6:15 PM
Reply #2 Tuesday, December 4, 2001 6:15 PM
yes. in fact it baffles me that some might look at the whole thing as 'no big deal.' legally actionable? well, that's pretty tough to manage. uncool? downright wrong? worthy of ire and vinegar? yeah, you bet.
:]
:]
Firestorm
Reply #3 Tuesday, December 4, 2001 7:00 PM
Reply #3 Tuesday, December 4, 2001 7:00 PM
I damn near fell off my chair laughing when a certain ripper tried the "I only have to alter it to X degree and it's legally fair game." I wonder what Paul McCartney's lawyers would do if I "altered" half of Yesterday
AJCrowley
Reply #4 Tuesday, December 4, 2001 11:46 PM
Reply #4 Tuesday, December 4, 2001 11:46 PM
Not too much to disagree with there Jafo. Of course, there are those who's permission people seek, and then those who's permissions aren't sought, Microsoft and Apple to name just 2.
craeonics
Reply #6 Wednesday, December 5, 2001 4:12 AM
Reply #6 Wednesday, December 5, 2001 4:12 AM
Come on, come on, we all know this by heart by now.
kenray
Reply #7 Wednesday, December 5, 2001 3:26 PM
Reply #7 Wednesday, December 5, 2001 3:26 PM
adn since this is nver brought up, i will bring it up now:
to copyright soemthing, it has to be unique.
which means, you CAN NOT copyright the letter "z", or the color green, or a three column web page layout, just because it has three columns.
really.
to copyright soemthing, it has to be unique.
which means, you CAN NOT copyright the letter "z", or the color green, or a three column web page layout, just because it has three columns.
really.
Please login to comment and/or vote for this skin.
Welcome Guest! Please take the time to register with us.
There are many great features available to you once you register, including:
- Richer content, access to many features that are disabled for guests like commenting on the forums and downloading skins.
- Access to a great community, with a massive database of many, many areas of interest.
- Access to contests & subscription offers like exclusive emails.
- It's simple, and FREE!
Reply #1 Tuesday, December 4, 2001 6:02 PM