[Clipart] Fwd: using copyrighted images...

[Jon Phillips]

any thoughts on this?

Jon


---------- Forwarded message ----------
From: Christopher Adams <christopher at fabricatorz.com>
Date: Fri, Aug 26, 2011 at 12:02 PM
Subject: Re: using copyrighted images...
To: Brad Phillips <bradphillips at fabricatorz.com>
Cc: Jon Phillips <jon at fabricatorz.com>


A couple side notes here (I don't know how you guys arbitrate these disputes).

1 - the gif that this guy links to does appear to be the
source/inspiration of the clipart on ocal

2 - however, you can't copyright an abstract shape. (though you can
trademark it.) you can only copyright the actual digital file.

3 - the svg does not use any data points from the digital gif file (it
might be a different case if the original were an SVG and there was
some 'point piracy' going on, e.g. taking the SVG data directly and
transforming it).

4 - it is not a copyright violation to trace over an abstract shape
(like a letter) and use the new work as your own. if the OCAL user
used the gif as a reference image and drew the SVG in inkscape, that
is legitimate. if the OCAL user had printed out the gif, scanned it
back and auto-traced, it's also legitimate. What if the OCAL used an
algorithm to convert the GIF to SVG and then tweaked it? As long as no
data from the original GIF is in the SVG (and how could it be), then I
would not jump to the conclusion that this is a case of copyright
infringement.

of course I am not a lawyer.

- christopher

On Fri, Aug 26, 2011 at 5:21 AM, Cari Buziak <cari at aon-celtic.com> wrote:
>
> Hi openclipart.org,
> It's come to my attention that you're distributing my artwork without copyright notice or permission. Please note that this constitutes copyright infringement. I have attached a copy of my DMCA letter for the removal of this item/page.
> Please cease the distribution of the following products/remove this design from your listing:
> http://www.openclipart.org/detail/6214/trinityknot-by-trnsltlife
> Below are links to my artwork as it appears on my website. This artwork is copyright registered on certificate#493115.
> http://www.aon-celtic.com/free/cfreewareclipart/buttons2more.html
> http://www.aon-celtic.com/free/cfreewarearties/clip3_7aaa.gif
> Thanks!
> Cari Buziak
> http://www.openclipart.org/dmca/
> ___________________________
> Cari Buziak
> Aon Celtic Art
> http://www.aon-celtic.com
> "Great spirits have always
>   encountered violent opposition
>   from mediocre minds."     - Albert Einstein
>
>



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Christopher Adams
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Jon Phillips
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