Path: utzoo!attcan!utgpu!jarvis.csri.toronto.edu!rutgers!sun-barr!texsun!pitstop!sundc!seismo!uunet!sco!rosso
From: rosso@sco.COM (Ross Oliver)
Newsgroups: comp.graphics
Subject: Re: copyrights in graphics
Keywords: legalities
Message-ID: <3086@viscous.sco.COM>
Date: 15 May 89 02:58:20 GMT
References: <8095@killer.Dallas.TX.US>
Reply-To: rosso@sco.COM (Ross Oliver)
Organization: SCO Technical Support
Lines: 34

In article <8095@killer.Dallas.TX.US> bobc@killer.Dallas.TX.US (Bob Calbridge) writes:
>I've seen a number of GIF pictures lately of such things as
>centerfolds from Playboy and a few other men's magazines.  I
>myself am planning on producing a number of files that would 
>be derived from assorted publication and would like to know if
>it was necessary for the creators of the other files that are
>floating around to get permission to distribute these?  Or are
>they depending on anonimity to avoid legal hassles? 

I grabbed a random book off my bookshelf (The Photographer's
Idea Book), which contains the following copyright:

     All rights reserved.  No part of this publication may be reproduced
     or used in any form or by any means -- graphic, electronic, or
     mechanical, including photocopying, recording, taping, or information
     storage and retrieval systems -- without the written permission of
     the copyright owners.

This is one of the more comprehensive claims I have seen, but the
inclusion of "electronic reproduction" phrases is becoming quite
common.  Under the law, a computer-digitized photograph would
probably be classified as a reproduction rather than a derivative
work.  Therefore, distributing without permission a GIF image digitized
from a book or magazine would infringe upon the copyright of the
original publication.  If you plan to do any high-visibility
distribution, or distribute to a market that might conflict with
the original publication, it would be good insurance to get permission.

Ross Oliver
Technical Support
The Santa Cruz Operation

Disclaimer: These are not the opinions of SCO, I have barely enough room
	    for my own.