Robert Benschop wrote "Straight from MacWorld's july 2000 issue: (page 114)
"Not every photograph is copyrightable. To create original works of
authorship, photographers must add their vision.""
Not that I refer to MacWorld for legal advice, But again I am talking about
the right to reproduce something vs the right to stop other people from
creating a similar image.
If I create a photo of say a NEWTON w/ flames shooting out the back and
flying into space. Then someone sees it and they want to use it for their
advertising or whatever, LEGALLY and ethically, they need to contact me
about using it. If later, I see a very similar image, I have a good case for
infrigment due to copying my vision. And this is what MacWorld is talking
about.
If I take a picture of my Newt on a white background, I own the reproduction
rights to that piece of film, but cannot stop anyone else from taking a
picture of a Newton on white by claiming uniquness of the image. The artist
vision is NOT in the repo of the T-shirts, I never said that. The ACT of
reproducing the images is what is illegal here.
NOW that said, aside from the editorial, education, fair use etc clause, No
one can LEGALLY reproduce any of my images W/O my permission. I stress the
word LEGALLY. It doesn't matter if it is a shoe on a white background, I
cannot stop you from taking your own shoe picture, But if I shoot a shoe
inside red JELLO for instance, then that fall under original works of
authorship.
Don
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