[Clipart] Re: clipart Digest, Vol 35, Issue 22

[John Olsen]

>
> Message: 1
> Date: Wed, 14 Feb 2007 21:16:22 -0500 (EST)
> From: Rita Laurance <ritalouise2 at peoplepc.com>
> Subject: [Clipart] two questions
> To: clipart at lists.freedesktop.org
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> 	<23117059.1171505782676.JavaMail.root at mswamui- 
> backed.atl.sa.earthlink.net>
> 	
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>
> I am not a programmer- I am creating cliparts and graphics with  
> inkscape.
>
> I have two , I am sure, very simple questions. The first is- I  
> created a clipart by making a drawing from a commercial photo. I  
> didn't scan or duplicate the photo in any way- it is a free  
> drawing, but I am wondering if the copywrite of a photo includes  
> any and all objects within it. If they recognize this image from  
> the photo, is it an illegal clipart?

Just tracing a copyright photo is probably not enough to claim it as  
your own work.  U.S copyright law says this:


(1) A design is "original" if it is the result of the designer's  
creative endeavor that provides a distinguishable variation over  
prior work pertaining to similar articles which is more than merely  
trivial and has not been copied from another source.

I often here the 40% rule thrown around - that your design needs to  
be 40% different than the original source  I don't know how to judge  
that.  I would say, if the original copyright owner sees their work  
in yours then it probably isn't different enough.  I am not a lawyer  
and this is a very grey area.  Simple common items that have millions  
of drawings of them like a simple piece of fruit are probably very  
hard to pin down to one source or another, but a truly distinct and  
original image will need a lot more manipulation to not violate its  
copyright.

And none of this applies to trademarked items.  You can draw Mickey  
Mouse completely freehand and you are still violating Disney's  
trademark on the character.

Just my opinions,

John Olsen