Re: QUESTION: Does ascii-art violate copywrite protection?
Mr. Kenneth F. Klingensmith wrote: > > I am interested if you have found an answer to this question, and if > you have, I would most like you to share it with me. > > I am a printer and I have been considering some of the same uses that > you mentioned. But, I believe that with registered images it would be > copyright infringment. This is my own thought, but I do not know the > answer to your question. > > What I am asking is - There is no trademark on Ascii Art shared in the > channel unless it is said so, right? I also wish to know what you found > out as an answer to your question. And if you do not mind tell me I > would like to know where your curiousity stems from in asking that > question... are you a graphic designer perhaps...? > > Thanks in advance.... > > Ken Klingensmith I must admit that I don't know the whole answer to the question, but I do know this much: 1) Copyright is not the same as registered trademark. 2) Copyright (in current law) does not depend upon registration with any government agency, or any special marking of the work under copyright protection. It only depends upon being able to prove that the owner of the work, did, in fact, create it when he/she claims to have done so, and that it was not derivative of any similar work. 3) One may make 'fair use' of a copyrighted work, but such use is quite limited, and no court has yet been asked to determine if an ASCII version of copyrighted artwork is fair use, or under what circumstances. Therefore the only safe way to proceed is to get permission of the copyright holder before creating an ASCII version. If your purpose is to avoid the payment of royalties for an image by using a GIFTOASCII converter, you're not accomplishing anything. You are almost certain to be sued for infringement if you make any noticeable money on the project. The law will then be clarified, at YOUR expense! -- | ___ __ _ _ _ ___O___ ( / \ o / ( / / // // o \/|\/ / / __, _ ,_, __/ / / / __, // // , ( // (/\_/ (_/(_/ |/ (_(_/_ (_/_/ (_/(_(/_(/_/(_/_)_ \\ http://www.surfplaza.com/ | mailto:wal...@surfplaza.co
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: fbb9d,78d025465af6ca5f X-Google-Attributes: gidfbb9d,public From: David Wallis <wal...@surfplaza.com> Subject: Re: QUESTION: Does ascii-art violate copywrite protection? Date: 1996/08/21 Message-ID: <321...@surfplaza.com>#1/1 X-Deja-AN: 175663575 sender: ber...@netcom17.netcom.com organization: Wallis Enterprises: http://www.surfplaza.com/ newsgroups: rec.arts.ascii
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