A derivative work is a derivitave work.  It doesn't matter HOW good the
resolution is, creating copies of an original work of art is the
prerogitive of the owner of the copyright. Anyone who thinks otherwise
and then acts on that thought is asking to be sued for infringement.

Robin Lipp
Collections Manager
The Children's Museum of IndianapolisA



On Tue, 12 Dec 1995, Arthur Harris wrote:

> Excerpt from an earlier message:
>
> >>I also wouldn't worry too much about the copyright. You can put on the web
> >>low resolution images that can be suitable for a web site, but not for
> >>other uses. For sure you cannot print them on paper, and as Ray Vincent
> >>said, in every art magazine you find so many images at a higher
> >resolution.
>
> On 12 Dec., Brian Padol said in response:
>
> >wrong, wrong, wrong. one must protect one's copyright or it can be lost to
> >public domain. if you were right [and excuse any misspellings, please],
> >selchow and richter would not be so gung ho about protecting the status of
> >scrabble's copyright. in writers' trade magazines, many companies take ads
> >asking authors to cresit copyrights. coke will follow up with any candy
> >store that has a non-authorized coke sign, especially if the store doesn't
> >sell coke [tm]. the worst cases of image theft are on those 'personal' web
> >pages that many internet providers give all their subscribers. check with
> >your lawyer before you act on this.
>
> Although the last sentence is advice always wise to follow (which is why we
> have too many lawyers), I think we're mixing two different ideas here (but a
> strictly lay opinion).  My understanding regarding trademarks is the fear
> that a trademark will become accepted as a generic term (for example, if the
> trademark Xerox became accepted as a synonym for photocopy).  Under those
> conditions, it can be argued (and apparently successfully) that you have
> lost exclusive use of the trademark.
>
> I have not heard such argument in regard to original creative works, and it
> would seem that any argument based on inferior (low resolution) occurrences
> would be doubly doomed.
>
> Comment?
>
> Art
>
>
> Arthur H. Harris
> Laboratory for Environmental Biology
> Centennial Museum
> University of Texas at El Paso
> El Paso, TX  79968-0519
> USA
> Fax (915) 747-5808
> [log in to unmask]
>