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<p>[QUOTE="eddiespin, post: 2289436, member: 4920"]Oh, I think I get where you're confused. No, he doesn't own the Mona Lisa, he owns the copyright in his photograph of the Mona Lisa, however accurate or not a depiction of the Mona Lisa that photograph is. It's his original work of authorship that counts. In how many ways can one set a camera to shoot a photograph? From how many angles can one shoot a photograph? It's that originality, that creativity, that authorship, that copyright protects. You shoot the McDonald's Golden Arches, the trade symbol of the McDonald's Corporation, and they use that photograph in their advertising, you're all over them on copyright infringement. The only way they can use said photograph is on a written waiver or assignment of copyright from you. Of course, who the hell cares, but that's a different matter. Legally, you're the copyright owner, even when it's a photograph of a trade symbol. Now, you use that photograph? Ah, you'd better watch it, as you're nearing trademark infringement. Forget that. Put it in your scrapbook to show your friends what a great photographer you are. But, there are ways one can use trademarks, too, and not be infringing. But, we shan't go there, as this is off the track enough.[/QUOTE]</p><p><br /></p>
[QUOTE="eddiespin, post: 2289436, member: 4920"]Oh, I think I get where you're confused. No, he doesn't own the Mona Lisa, he owns the copyright in his photograph of the Mona Lisa, however accurate or not a depiction of the Mona Lisa that photograph is. It's his original work of authorship that counts. In how many ways can one set a camera to shoot a photograph? From how many angles can one shoot a photograph? It's that originality, that creativity, that authorship, that copyright protects. You shoot the McDonald's Golden Arches, the trade symbol of the McDonald's Corporation, and they use that photograph in their advertising, you're all over them on copyright infringement. The only way they can use said photograph is on a written waiver or assignment of copyright from you. Of course, who the hell cares, but that's a different matter. Legally, you're the copyright owner, even when it's a photograph of a trade symbol. Now, you use that photograph? Ah, you'd better watch it, as you're nearing trademark infringement. Forget that. Put it in your scrapbook to show your friends what a great photographer you are. But, there are ways one can use trademarks, too, and not be infringing. But, we shan't go there, as this is off the track enough.[/QUOTE]
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