[Clipart] Che image is not public domain

[Paul Reinheimer]

While this makes perfect logical sense, I'm not sure if this is actually
true in a legal sense. 

There is a recent case of a sculpture being put up in a public park
somewhere in the US (I think it's seattle, nope chicago), and security physically
preventing patrons of the park from taking pictures of it, citing copyright
restrictions. 
See story at BoingBoing: http://www.boingboing.net/2005/02/06/chicagos_public_scul.html

I also beleive that a particular individual or group owns the copyright
on the pattern of lights present on the Eiffel tower at night, and as such
you don't really own any rights to any pictures you take.
See Image Copyright: http://en.wikipedia.org/wiki/Eiffel_Tower


These are both extreme cases, but they show that there has been precident 
of people creating physical objects, and enforcing their will on those
who would photograph them.

Since Apple undoubtedly enlisted the aid of an entire team of designers
while desigining the iPod, I wouldn't be entirely surprised if they
attempted the same thing, if they saw the image being used in a manner
they didn't approve of.



paul



 ------------Original Message------------
From: "Jonadab the Unsightly One" <jonadab at bright.net>
To: "Open Clip Art Library" <clipart at lists.freedesktop.org>
Date: Sat, Jul-23-2005 9:22 AM
Subject: Re: [Clipart] Che image is not public domain

Jon Phillips <jon at rejon.org> writes:

> I think that is wise. I also wonder about some other logos in the
> collection...also, there is an image of an iPod as an icon in the
> collection. I wonder if that is legit. Knowing Apple, it is not.

The iPod is a real physical three-dimensional object.  You're allowed
to make pictures of physical objects, without violating copyright.
For instance, if you buy an iPod and take a photograph of it, Apple
can't say anything much about that.  Similarly, you can draw an iPod,
and Apple has no copyright claim on that, either.

Now, if the image is taken from a picture that Apple released, that
would be a different thing.  If there were an iPod logo on their site,
for instance, and you copied that...  in that case you wouldn't just
be expressing an iPod, you'd be copying *their* expression of it.

-- 
Open Clip Art Library:  Drawing Together
http://www.openclipart.org/

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