In article <3ee05d38@news.povray.org>,
 squidian <squ### [at] localhostlocaldomain> wrote:

> >>If you sneak onto the set and take a picture of it and use it, that is
> >>an infringement as they own the object itself as you own your model of
> >>it.
> > 
> > Everything you say is true except this last bit.
> 
> 	I meant sneak on to the production set they use for filming and take a
> picture, not a picture of the TV set. 

That isn't copyright infringement. Stealing part of the set would be 
theft, sneaking onto it is trespassing. Copyright doesn't cover physical 
objects like a set, but text and imagery. However, trademark would 
prevent you from duplicating props for your own use. Two good examples 
are Lego (who apparently threatened lawsuits against people who made CG 
images of Lego blocks) and Disney (who is at least as defensive about 
their characters).


> 	The presumed lack of permission to photograph it means the owner of the
> set means the picture is a violation of his copyrighted design of the
> stargate. The owner controls the manner in which it may be used as he
> controls an actual episode he creates. It is the same as photographing
> the pages of a book or more likely scanning the book and claiming
> ownership. Can't be done. 

No, the photograph is simply evidence of trespassing. Their lawyer may 
argue in court about "intellectual property" in the set composition, but 
I don't think this has anything specifically to do with copyright law.


> 	If the picture includes the TV and some of the room it is clearly a
> separate image. If the picture is a close up so that just the screen in
> seen, it is a single frame and considered fair use. A five second
> sequence of the gate opening is emblematic of the series and may not be
> considered fair use if incorporated in your own creation. As part of a
> fan site, feel free until they complain. Fan sites have a grey status but
> are ordinarily not discouraged. 

It highly depends on what it is used for. If it is a gate opening 
sequence used as an animated GIF for a webring logo, it is pretty 
obviously not an attempt to profit from their work. (though a company 
like Lego would still go after them)


> 	Take a hundred photos and include text which tells the story of an
> episode on you website and it is infringement. 
> 
> 	Of course anyone seriously considering anything like this should consult
> an attorney. 

Better: the makers of the show, with a clear description and maybe a 
prototype page.

-- 
Christopher James Huff <cja### [at] earthlinknet>
http://home.earthlink.net/~cjameshuff/
POV-Ray TAG: chr### [at] tagpovrayorg
http://tag.povray.org/

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