16
Living Room / Re: Wikimedia refuses to remove animal selfie because monkey ‘owns’ the photo
« on: August 10, 2014, 07:25 AM »
The way I see it there is the creation of art and then the recognition of it being art.
If the creator didn't know it was creating art, then it doesn't own the copyright.
Example: People leave footprints in the sand and the photographer makes a mint with a picture of them
Example: Someone screws up a bit of paper and throws it in the trash, and an artist makes a mint by putting it on a pedestal
Example: Sheet metal worker hammers a piece of iron and a dj makes a dance music track with the same sound
Example: Someone records birdsongs/waves/whales.
If I build someone a shed (that's my job) then I might retain 'copyright' of the design unless it can be proved that I copied someone else.
If you get someone to help take a photo, and they do no more than a 'reasonable' job, then you own it. BUT if you hand the camera to a professional to take and he uses his skill to achieve a better photo, then he could lay claim to it.
Likewise if you ask an amateur to help build a shed, he only puts in work. But if you ask me, I can add to the normal shed design and claim that as my copyright.
Let's pretend this shed won best shed in a building competition and we wanted to know who gets the prize.
So, since the ape was unaware of what he was doing, he can't claim copyright. The artist (unintentionally) set up a circumstance where this photo was created, he recognised that it could be made into art, he processed the results and can claim them as his art.
Moral: don't ask me to help you build a shed. Please.
If the creator didn't know it was creating art, then it doesn't own the copyright.
Example: People leave footprints in the sand and the photographer makes a mint with a picture of them
Example: Someone screws up a bit of paper and throws it in the trash, and an artist makes a mint by putting it on a pedestal
Example: Sheet metal worker hammers a piece of iron and a dj makes a dance music track with the same sound
Example: Someone records birdsongs/waves/whales.
If I build someone a shed (that's my job) then I might retain 'copyright' of the design unless it can be proved that I copied someone else.
If you get someone to help take a photo, and they do no more than a 'reasonable' job, then you own it. BUT if you hand the camera to a professional to take and he uses his skill to achieve a better photo, then he could lay claim to it.
Likewise if you ask an amateur to help build a shed, he only puts in work. But if you ask me, I can add to the normal shed design and claim that as my copyright.
Let's pretend this shed won best shed in a building competition and we wanted to know who gets the prize.
So, since the ape was unaware of what he was doing, he can't claim copyright. The artist (unintentionally) set up a circumstance where this photo was created, he recognised that it could be made into art, he processed the results and can claim them as his art.
Moral: don't ask me to help you build a shed. Please.