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The Coins of Benvenuto Cellini (not ancient, but...)
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<p>[QUOTE="IdesOfMarch01, post: 2973567, member: 39084"]I'm pretty sure you're fundamentally misunderstanding the law surrounding copyrights. In my last business, I spent a lot of time dealing with IP and copyright issues, which can be subtle but aren't in this case.</p><p><br /></p><p>The issue is NOT whether the work of art is subject to copyright; that is irrelevant. Rather, the individual who took the photograph owns the copyright <i>to the photograph</i> which is independent of whether or not the original work of art is copyrighted.</p><p><br /></p><p>For example, Mozart died in 1791 so none of his compositions is subject to copyright. BUT, if the New York Philharmonic Orchestra performs a version of <i>Eine Kleine Nachtmusik</i>, they own the right to reproduce and sell that performance and no one else can sell their performance of that Mozart piece without their explicit permission.</p><p><br /></p><p>Photographs work the same way. I own the copyright to every photograph I take, regardless of the subject matter. No one can legally reproduce that photograph (subject to "fair use" copyright provisions) without my permission. You are reproducing someone else's photograph without their permission. Now, maybe the photograph is so old that the copyright has expired, or maybe fair use provisions apply, but you don't know if that's the case. </p><p><br /></p><p>That's the best I can explain this issue. Maybe a copyright/IP lawyer can provide a more detailed and articulate explanation.[/QUOTE]</p><p><br /></p>
[QUOTE="IdesOfMarch01, post: 2973567, member: 39084"]I'm pretty sure you're fundamentally misunderstanding the law surrounding copyrights. In my last business, I spent a lot of time dealing with IP and copyright issues, which can be subtle but aren't in this case. The issue is NOT whether the work of art is subject to copyright; that is irrelevant. Rather, the individual who took the photograph owns the copyright [I]to the photograph[/I] which is independent of whether or not the original work of art is copyrighted. For example, Mozart died in 1791 so none of his compositions is subject to copyright. BUT, if the New York Philharmonic Orchestra performs a version of [I]Eine Kleine Nachtmusik[/I], they own the right to reproduce and sell that performance and no one else can sell their performance of that Mozart piece without their explicit permission. Photographs work the same way. I own the copyright to every photograph I take, regardless of the subject matter. No one can legally reproduce that photograph (subject to "fair use" copyright provisions) without my permission. You are reproducing someone else's photograph without their permission. Now, maybe the photograph is so old that the copyright has expired, or maybe fair use provisions apply, but you don't know if that's the case. That's the best I can explain this issue. Maybe a copyright/IP lawyer can provide a more detailed and articulate explanation.[/QUOTE]
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The Coins of Benvenuto Cellini (not ancient, but...)
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