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From: Bill Pragnell
Subject: Copyright question
Date: 6 Jan 2006 09:30:01
Message: <web.43be7e5db7031c8c731f01d10@news.povray.org>
I have a question about copyright.

Over the last few months I've posted images (see p.b.i.) of my version of
Escher's Double Planetoid illustration. I'm thinking of rendering some
images, including this one, for exhibition on Zazzle. Although the image
was completely generated from scratch by me, the inspiration and concept
obviously come from Escher's work. My question is, would I be infringing
any existing copyright by doing this? If so, is there a way around it (i.e.
a credit to the original artist)?

I appreciate that this isn't a 100% POV-Ray issue, but I know that some of
you out there are by necessity familiar with the vagaries of copyright law!

Any advice on this would be very helpful.
Bill


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From: Christoph Hormann
Subject: Re: Copyright question
Date: 6 Jan 2006 10:00:04
Message: <dpm0dp$nof$1@chho.imagico.de>
Bill Pragnell wrote:
> I have a question about copyright.
> 
> Over the last few months I've posted images (see p.b.i.) of my version of
> Escher's Double Planetoid illustration. I'm thinking of rendering some
> images, including this one, for exhibition on Zazzle. Although the image
> was completely generated from scratch by me, the inspiration and concept
> obviously come from Escher's work. My question is, would I be infringing
> any existing copyright by doing this? If so, is there a way around it (i.e.
> a credit to the original artist)?

Deciding if a work inspired by that of someone else is a derived work 
isn't always easy.  I'd say (but IANAL) that you are on the safe side if 
you can say you could reasonably have created your image without knowing 
of Escher's Double Planetoid.

Note the mere fact of a mathematical/geometric similarity is not an 
argument - you can't copyright a geometric figure per se or any other 
abstract idea.

Useful reading might be:

http://forums.cgsociety.org/showthread.php?t=281665

Christoph

-- 
POV-Ray tutorials, include files, Landscape of the week:
http://www.imagico.de/ (Last updated 31 Oct. 2005)
MegaPOV with mechanics simulation: http://megapov.inetart.net/


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From: Alain
Subject: Re: Copyright question
Date: 6 Jan 2006 12:25:48
Message: <43bea81c$1@news.povray.org>
Bill Pragnell nous apporta ses lumieres en ce 2006-01-06 09:27:
> I have a question about copyright.
> 
> Over the last few months I've posted images (see p.b.i.) of my version of
> Escher's Double Planetoid illustration. I'm thinking of rendering some
> images, including this one, for exhibition on Zazzle. Although the image
> was completely generated from scratch by me, the inspiration and concept
> obviously come from Escher's work. My question is, would I be infringing
> any existing copyright by doing this? If so, is there a way around it (i.e.
> a credit to the original artist)?
> 
> I appreciate that this isn't a 100% POV-Ray issue, but I know that some of
> you out there are by necessity familiar with the vagaries of copyright law!
> 
> Any advice on this would be very helpful.
> Bill
> 
> 
Your work is different from Esher's work. It is an original creation inspired by the
style and a 
particular Esher's print, not a copy. Different tools, different paroach, a kind of
emulation of a 
Master and Precursor.

My opinion would be to mention the inspirational source and tell that you have NO
intention to 
chalenge any copyright or intelectual property.

Alain


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From: Jim Henderson
Subject: Re: Copyright question
Date: 6 Jan 2006 13:16:36
Message: <pan.2006.01.06.18.15.35.316573@nospam.com>
On Fri, 06 Jan 2006 12:25:48 -0500, Alain wrote:

> My opinion would be to mention the inspirational source and tell that you
> have NO intention to chalenge any copyright or intelectual property.

You may have to be careful with how you do this, though - the estate of
John Cage successfully sued another musician who published a shortened
version of 4:33 (which was a song comprised of all silence or ambient
noise) and credited Cage and the musician in question.  If he hadn't
provided credit to Cage, he probably wouldn't have been sued.

Food for thought...

Jim


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From: John VanSickle
Subject: Re: Copyright question
Date: 7 Jan 2006 02:30:05
Message: <43bf6dfd$1@news.povray.org>
Bill Pragnell wrote:

> I have a question about copyright.
> 
> Over the last few months I've posted images (see p.b.i.) of my version of
> Escher's Double Planetoid illustration. I'm thinking of rendering some
> images, including this one, for exhibition on Zazzle. Although the image
> was completely generated from scratch by me, the inspiration and concept
> obviously come from Escher's work. My question is, would I be infringing
> any existing copyright by doing this? If so, is there a way around it (i.e.
> a credit to the original artist)?
> 
> I appreciate that this isn't a 100% POV-Ray issue, but I know that some of
> you out there are by necessity familiar with the vagaries of copyright law!
> 
> Any advice on this would be very helpful.

The important thing is to find if Escher's work is still under 
copyright, or if it has passed into the public domain.

Regards,
John


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From: Warp
Subject: Re: Copyright question
Date: 7 Jan 2006 05:23:20
Message: <43bf9698@news.povray.org>
John VanSickle <evi### [at] hotmailcom> wrote:
> The important thing is to find if Escher's work is still under 
> copyright, or if it has passed into the public domain.

  He died in 1972, so the answer is no.

-- 
                                                          - Warp


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From: Sebastian H 
Subject: Re: Copyright question
Date: 7 Jan 2006 08:51:56
Message: <43bfc77c$1@news.povray.org>
Warp wrote:
> John VanSickle <evi### [at] hotmailcom> wrote:
> 
>>The important thing is to find if Escher's work is still under 
>>copyright, or if it has passed into the public domain.
> 
> 
>   He died in 1972, so the answer is no.
> 

Ahem.
What exactly means no here?
Is it not under Copyright or not passed into public domain?


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From: Marc Jacquier
Subject: Re: Copyright question
Date: 7 Jan 2006 10:27:31
Message: <43bfdde3$1@news.povray.org>

news:43bfc77c$1@news.povray.org...
> Ahem.
> What exactly means no here?
> Is it not under Copyright or not passed into public domain?

2nd answer :-s

Marc


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From: Jellby
Subject: Re: Copyright question
Date: 7 Jan 2006 10:40:08
Message: <n71593-b5d.ln1@badulaque.unex.es>
Among other things, Sebastian H. saw fit to write:

>>>The important thing is to find if Escher's work is still under
>>>copyright, or if it has passed into the public domain.
>> 
>>   He died in 1972, so the answer is no.
> 
> Ahem.
> What exactly means no here?
> Is it not under Copyright or not passed into public domain?

I guess the exact copyright term depends on the country and on the date of
creation. From Wikipedia:

"The expiration time differs from country to country, but according to the
Berne Convention the minimum time is the lifetime of the author plus 50
years. In the Netherlands the term is 70 years after the death of the
author."

So, I'd say We'll have to wait some 35 years more to be sure Escher's works
are public domain...

-- 
light_source{9+9*x,1}camera{orthographic look_at(1-y)/4angle 30location
9/4-z*4}light_source{-9*z,1}union{box{.9-z.1+x clipped_by{plane{2+y-4*x
0}}}box{z-y-.1.1+z}box{-.1.1+x}box{.1z-.1}pigment{rgb<.8.2,1>}}//Jellby


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From: Christoph Hormann
Subject: Re: Copyright question
Date: 7 Jan 2006 11:50:05
Message: <dporcf$pdf$1@chho.imagico.de>
Jellby wrote:
> In the Netherlands the term is 70 years after the death of the
> author."

Like in the rest of the EU.

Christoph

-- 
POV-Ray tutorials, include files, Landscape of the week:
http://www.imagico.de/ (Last updated 31 Oct. 2005)
MegaPOV with mechanics simulation: http://megapov.inetart.net/


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