POV-Ray : Newsgroups : povray.binaries.images : Capriccio v.12 : Re: Capriccio v.12 Server Time
13 Aug 2024 11:17:41 EDT (-0400)
  Re: Capriccio v.12  
From: Christoph Hormann
Date: 28 Apr 2003 17:47:51
Message: <3EADA187.5B38295A@gmx.de>
Gena wrote:
> 
> I don't want to start here a long thread about copyright issues but it's
> always
> confusing to me what is legal and what is illegal. At the beginning of the
> book which I use and which has that 'Capriccio' original painting I read
> that it's prohibited to reproduce pictures from that book in any form
> without publisher's permission. So my obvious questions are:
> - can I reproduce the image for non-commercial purposes or not? For example
>   can I post it in this newsgroup?
> - can I reproduce the fragment of that image (though that copyright
> statement
>    also says 'any part of the book') for non-commercial purposes.
> Any insight in this everlasting copyright issues would be very helpful.

What the pubisher writes in the book about it is quite irrelevant but you
are not allowed to reproduce any part of it without the
pubisher's/author's permission.  There is one exception with 'citations' 
but this of course does not cover images.  These basic rules should be
valid worldwide.

This all of course is only relevant for publishing the reproduction. 
Posting in the newsgroup falls under this.  Commercial or not does not
matter.   The point about fragments of an image would only be that the
publisher could only sue you for the loss he suffers because of your
unauthorized reproduction.  There would hardly be any loss for him when
you only show a small part.  

In any case the whole thing is somewhat pointless since the image itself
is no more copyrighted probably and therefore you could just go to Tate
and take a photo if you want (they probably don't allow taking photos but
they could do nothing more than expel you when you do it anyway).  

My advice: Put the image on a webserver and restrict access and give the
password to those working on the project.  AFAIK this would be
non-problematic in terms of copyright in most countries.

As a side note: we recently had a much disputed change of copyright law in
germany which allowes this concept (i.e. reproduction of copyrighted
material to a restricted number of people, like in an university's
intranet) to a large extent.

Christoph

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