On Jul 14, 2006, at 10:00 AM, graywolf wrote: > That gets into some strange territory. Copyright in most countries > protects your image (the photo) from commercial use by others. The > painting is clearly a derivative work. In some countries derivative > works are not allow without permission, in others they are. Even the > courts do not seem to understand the copyright laws. It is clear that > copyright (USA) does not protect ideas, only the results of the ideas, > but in some cases the courts have ruled as if the idea is protected. I > have no idea what the specific laws say in your country.
One problem with truly international lists like this is that blanket statements can't be made because copyright law is interpreted differently in different countries. In the USA the law would be on the photographer's side in a case like this, since there are a number of precedent cases here. > > If they are your kids, you might add into your side of the issue > that he > does not have a model release for them either. Again, different in different countries. Also, the original photo (and maybe the painting) would probably be illegal in parts of the USA under child pornography statutes that effectively ban all nude images of children. Bob -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net
