Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!cs.utexas.edu!uunet!cbmvax!bj
From: bj@cbmvax.commodore.com (Brian Jackson)
Newsgroups: comp.sys.amiga
Subject: Re: Copyright infringement...
Message-ID: <16972@cbmvax.commodore.com>
Date: 31 Dec 90 06:24:51 GMT
References: <5772@uafhp.uark.edu> <37411@cup.portal.com>
Reply-To: bj@cbmvax.commodore.com (Brian Jackson)
Organization: Commodore, West Chester, PA
Lines: 47

In article <37411@cup.portal.com> amigan@cup.portal.com (R Michael Medwid) writes:
>I find it hard to believe that making a model of a space ship similar to the
>one in 2001 would be considered copyright infringement.  If you used the
>name "2001" to promote your product..not *that* would probably not be
>copacetic.  In art if you alter an image (an I imagine this caries over
>to models as well) even slightly you have legally made something new.

But this isn't a case of "art". It is a case of commercial product
merchandising. Allen and company stand to make MONEY from the use of
these images - images that are not in the public domain.

>For example, in Paris there is a very famous poster which features
>the mona-lisa with a moustach and the letters LHOOQ at the bottom
>(if you speak french, say each letter one at a time to find the hidden
>meaning).  Anyhow that was not copywrite infringment of a national 
>treasure evidently because the image was different..it had a moustache.

The use of the Mona Lisa is "allowed" because there is no one that has
the "rights" to the image.  If Da Vinci was around today and found you
using the object that -he- created to make money without asking him
first...
 
The same applies to the models from 2001. If they can be recognized by
folks as being from 2001 and the models are being used for profit (not
artwork that hangs for show only) then you have to get the ok from the
one that has the 'rights'.

Also, there is a certain difference between "commentary" (ie, the
political cartoons in the newspaper) and "product". "Fair use." And
even in these cases the author will try and get permission or, at the
least, will add a line to the thing like "with apologies to Da Vinci". 
 
Allen Hastings is right in seeking permission for this use since the
purpose is to specifically use the 2001 spaceship(s). If that weren't
the case then he could use any old thing.  But he wants (wanted?) to
make use of the fact that the 2001 images are recognizable by the
general public. 

bj

>-Mike

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 | Brian Jackson  Software Engineer, Commodore-Amiga Inc.  GEnie: B.J. |
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 | "Macho's cool but please don't eat the urinal cakes."               |
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