[comp.graphics] copyrights in graphics

bobc@killer.Dallas.TX.US (Bob Calbridge) (05/14/89)

This seems to be the most appropriate place to ask this.  

I've seen a number of GIF pictures lately of such things as
centerfolds from Playboy and a few other men's magazines.  I
myself am planning on producing a number of files that would 
be derived from assorted publication and would like to know if
it was necessary for the creators of the other files that are
floating around to get permission to distribute these?  Or are
they depending on anonimity to avoid legal hassles? 

I realize that they are generally distributed without profit as
a motive, but I don't think that that would hold any legal water.

What's the scoop?  Anyone?

Bob
-- 
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=             I know it's petty..........                                     =
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rosso@sco.COM (Ross Oliver) (05/15/89)

In article <8095@killer.Dallas.TX.US> bobc@killer.Dallas.TX.US (Bob Calbridge) writes:
>I've seen a number of GIF pictures lately of such things as
>centerfolds from Playboy and a few other men's magazines.  I
>myself am planning on producing a number of files that would 
>be derived from assorted publication and would like to know if
>it was necessary for the creators of the other files that are
>floating around to get permission to distribute these?  Or are
>they depending on anonimity to avoid legal hassles? 

I grabbed a random book off my bookshelf (The Photographer's
Idea Book), which contains the following copyright:

     All rights reserved.  No part of this publication may be reproduced
     or used in any form or by any means -- graphic, electronic, or
     mechanical, including photocopying, recording, taping, or information
     storage and retrieval systems -- without the written permission of
     the copyright owners.

This is one of the more comprehensive claims I have seen, but the
inclusion of "electronic reproduction" phrases is becoming quite
common.  Under the law, a computer-digitized photograph would
probably be classified as a reproduction rather than a derivative
work.  Therefore, distributing without permission a GIF image digitized
from a book or magazine would infringe upon the copyright of the
original publication.  If you plan to do any high-visibility
distribution, or distribute to a market that might conflict with
the original publication, it would be good insurance to get permission.

Ross Oliver
Technical Support
The Santa Cruz Operation

Disclaimer: These are not the opinions of SCO, I have barely enough room
	    for my own.