Archived posting to the Leica Users Group, 1999/07/30

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Subject: RE: [Leica] Re: Lens Designs and history- the only take
From: Marc James Small <msmall@roanoke.infi.net>
Date: Fri, 30 Jul 1999 15:48:43 -0400

At 12:22 PM 7/30/1999 -0700, Paul Cherfuka wrote:
>So by extension of this analogy - if I were to take a copy of 
>"" it, say in Photoshop, 
>and then sell it - is this a lesser offence? 

Copyright and patent law differ on this point.  If I take a patented item
and improve upon it, then, yes, I can patent the new item as it is "an
improvement in the art".  An entirely different standard applies to
copyright.  I can redo your picture myself -- same scene, same light
conditions, and so forth, and it then becomes "my" picture.  I can rewrite
the LORD OF THE RINGS and get away with it, too, so long as I rename all of
the characters and so forth.  But I cannot take a recognizable image
belonging to someone else, massage it in a computer, and claim it for my
own -- at least in the US, I believe the courts have taken this position.

Marc

msmall@roanoke.infi.net  FAX:  +540/343-7315
Cha robh bas fir gun ghras fir!