The Sticky Topic of Copying

Started by ♥♥Tan♥♥, May 25, 2010, 06:18:33 PM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

ScarletLeonard

Quote from: squirsygirl on May 30, 2010, 05:09:46 PM
Is it in fact possible to copyright a certain style or technique? 

And is is wrong, morally or legally, to say that you have copyright-ed a certain style, when in fact you have not done any such thing?

I do know that for a style/technique to not be used by anyone other than the creator they must have a trademark or patent.

Where copyright is concerned so long as you have the little c symbol on the image you have copyrighted it. Anyone can use the symbol you don't have to apply for it it marks that you claim intellectual copyright on that specific thing.

I did just find this on a solicitors website.
Copyright is infringed by:

    * Making copies of the work.
    * Issuing copies of the work to the public.
    * Renting or lending the work to the public.
    * Performing, showing or playing the work in public.
    * Communicating the work to the public.
    * Adapting the work or doing any of the above in relation to an adaptation.
    * Authorising any of the above acts.

Civil and criminal liability may be imposed on those who knowingly deal with infringing copies of a copyright work in the course of trade.
For a defendant's work to be infringing – Designers Guild v. Williams (2001):
(a)        it must be derived from the claimant's work.  Provided the claimant establishes sufficient similarity in the features allegedly copied by the defendant from the claimant's work and that the defendant had access to the claimant's work, the burden shifts to the defendant to show that the similarities are not the result of copying;
(b)        the defendant must take the whole or a substantial part of the claimant's work.  Substantiality is measured in terms of quality not quantity.  It is a matter of impression and depends on the importance of what is taken to the claimant's and not to the defendant's work.   

Also...
Works not idea: Copyright protects the form in which are expressed not the ideas themselves. 


Some food for thought.

Scarlet xx

★★Terri★★

" think of it less of copying and more of "learning"

They may use my techniques but it will never be mine and anything I do will not be their's.

At some point I will have shuffled off this mortal coil.  What greater honor is there than inspiring others and knowing you have contributed to the continuity of the artistic timeline.  Before I die that is what I hope I can achieve, but I can't achieve it unless I am willing to share."

For me, these are the key points of the artistic timeline blog.

Having spent around 6 years as an art/design student and 10 years teaching - I know there is nothing that is new, it has all been done before in one way or with one material or another by countless others.  But to grow as an artist/designer/maker you will absorb a range of influences from others - be it techniques, style or whatever.  The the eventual product of the learning will be yours - that is how it should be.  Even if you tried to directly 'copy' someone else's work all you could realistically end up with is something similar.

Well, that's my opinion anyway. ;D

flaming beads

There's some really well informed and interesting reading here...thanks guys ;)
I like to think that mostly i come up with my own ideas, but i do agree that mostly everything has been done before in some form or other.

Ian Pearson

Interesting view that there is nothing new. So what about birth? Are we not all new? Therefore what we do must be? Of course new or not is often confused with quality and something to aspire to.

Ian

Krysia@No98


ahh... now you're talking head science.  A bit heavy for first thing on a monday morning...  ;)
-* -  Courage is going from failure to failure with out loosing enthusiasm -*-

c-glass

Quote from: julieHB on May 25, 2010, 06:46:00 PM
I'd like you to read Michael Demeng's blog post on this subject - The Artistic Timeline: http://networkedblogs.com/2Vh7e


Julie what an amaxing thing to find...very true I do think that you Learn by testing skills.  No too are ever the same