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Re: GPL and other licences


From: Alexander Terekhov
Subject: Re: GPL and other licences
Date: Fri, 03 Feb 2006 19:10:45 +0100

I've got a bit tired of all that nonstop GNU nonsense, but ok.

Lasse Reichstein Nielsen wrote:

[... collage ...]

http://www.uspatentinfo.com/copyright.html
(THE COPYRIGHT OF VISUAL ART)

----
How about collages of portions of copyrighted publications or other
works--is permission from the copyright owner of each work used
necessary?

    It depends on whether there is a copying and, if so, whether the
copying is a fair use. Directly attaching clipped out portions of the
copyrighted work is not copying, thus doing so is generally not
considered a copyright violation. However, if a photograph or some other
copy is made of the collage, then the question is whether this
photograph is a fair use of the original works. If the collage is put on
public display, it may constitute a violation of the exclusive right of
the copyright owners in the individual collage works to publicly display
their works. True, we have discussed an exception which states that the
owner of a copy may publicly display that copy without the permission of
the copyright owner. However, this exception only applies to authorized
copies. Taking a photograph of a copyrighted work without the copyright
owner's permission constitutes unauthorized copying.
----

See also <http://www.law.cornell.edu/copyright/cases/125_F3d_580.htm>.

Now please go back and read again what I said (including copying under
17 USC 117 to make software "collage").

regards,
alexander.


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