Thread: Legal Issue
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Robert Bonomi
 
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In article ,
Unquestionably Confused wrote:
TrailRat wrote:

A few of the answers state that it must be a breach of copyright laws.
Another answer states that if a carpenter copies a piece
unintentionally, then he'd break a copy right law. Other answers state
that various pieces follow the same basic principles, i.e the design of
a wardrobe is the same on many levels but there are many variants.

So whats the opinion of the group. Maybe I'll share it with my friend
next time I'm down the pub. Yes, the debate started over pint.


Might be more of a patent issue but...


Patent is *not* applicable.

If you take a photograph of MY home and dog, YOU own the rights to that
photographic image as the "artist."


"yahbut" applies. The owner of the items pictured may _also_ have rights
that have to be dealt with. "Smart" photographers get a 'models release'
for anything that they _might_ later want to use commercially.

If I take the same picture and sell
it have I violated your copyright?


Depends on which meaning of 'take' you mean. *GRIN*

If you steal one of his prints, and reproduce it for sale, then yes.

If you produce an "original" photo yourself, then the answer gets a
_lot_ more complicated.

If you 'got the idea' for taking your photo, _based_on_ his photo, and
have copied the creative elements (e.g., composition, etc.) in his photo
then *yes* it may well be infringing on the copyright on the original
photo -- see "derivative work".