Joe Fleming wrote:
Bear with me -- one last quick kick at the cat...
All,
I guess I didn't make my point clear and I apologize.
It was clear actually. You are asking for something very difficult to
provide -- except in a formal sense. It truly is difficult to decide
whether something is original or not.
Second... it is difficult to prove a negative. I did not copy that
piece. I did not steal that bread. etc.
So the law tries to deal with positives. On behalf of the complainant we
will try to prove that you copied that piece. It is not up to you to
prove innocence -- rather up to the complainant to prove guilt...
We can argue what law says what all day long. These threads always
seem to go there as this one is now doing.
Because if you look at the copyright law it mostly answers your
questions... ? :-)
My point is, prior to legal action and a verdict determined by a judge
or jury, how do I know where the line between plagiarism and
originality is located?
You can only make a "best judgment call". As I pointed out earlier. ....
_DON'T DO RESEARCH BY LOOKING AT OTHER PEOPLES WORK._ You would be
looking for trouble... (Unless they have been dead some time.)
(See note at end)
LOL
Sorry - but that is an important point. It comes from knowing the law.
As another poster points out. Look at a leaf for your self. Do not look
at another artists rendition of a leaf on a bowl. By looking at other
work, then you can easily "cross the line".
none of us should have to be relying on a
civil action to draw the line.
You don't. You use the copyright law as guidelines.
That is why I am dismissive of legal
discussion. Instead, I am looking for practical
tools/guides/practices/etc. that help us make these
design-close-to-the-line decisions more easily.
Be as dismissive as you like. As I pointed out several times... The
copyright act is based on real world experience in "drawing the line
between plagiarism and creative work and derivative works". ..And in
these modern times a few flights of impractical fantasy. But that's
another story.
If I want to make a carved and colored lef motif on a bowl, I do not
want to rely on Andi Wolfe suing me so that I know where the line is
located. I want a practical reference for all of us to use.
As someone else pointed -- best not look too closely at another turners
work. Then there could be a basis for a complaint -- if they can prove
that you viewed the object in question.
Now that I have taken up turning I take no more than cursory looks at
other peoples works. I try not to analyze them -- in case I
inadvertently duplicate them, or substantial portions thereof... Sad in
a way because I would love to study some of the truly inspirational work
I have viewed in the last few months.
"Current" rock music (as in last 30 years) is based heavily on classical
scores. Good thing Mozart is dead. LOL
It is very difficult for composers to not copy work -- because they
constantly listen to other composers work... Hard to avoid these days.
Joe Fleming - San Diego
Note:
When you create a work that you believe to be "spectacular" it would be
in your best interests to document where the ideas came from how you
designed it, and how you built it. You may come up with something
similar to someone else -- but built in an entirely different way. That
alone might help you some day.
Keep track of the ideas, the techniques, the tools, the finishes, the
preparation techniques, wood species -- anything you can think of that
made the object "yours".
If you visit a show it might be best to diarize a few notes. Why? Well
suppose that someone accuses you of "copying" their work. Yet your diary
shows that you viewed say 300 pieces. How did you memorize the piece and
the techniques in the seconds you had to view that particular piece? How
did you learn the techniques? (Proving instantaneous osmosis might be
difficult for the wounded party...) If you take pictures - you may have
another issue.
Does that help?
Best wishes...
--
Will
Occasional Techno-geek
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