Archived posting to the Leica Users Group, 2001/06/16

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Subject: Re: [Leica] Re: Copyright questions
From: SthRosner@aol.com
Date: Sat, 16 Jun 2001 11:10:31 EDT

In a message dated 6/15/01 7:47:16 PM Eastern Daylight Time, 
schroter@optonline.net writes:

<<  Replace photograph (sculpture) with automobile.
 >
 > An automobile is a tool, not an embodiment of a purely creative work, and
 as
 > such, copyright usually is not asserted or enforced for automobiles
 (although,
 > in theory, the designer of the automobile has a copyright on the design). 
>>

An automobile is indeed a tool. But while it is not an embodiment of a 
creative work, t it is also a creative work. Ferrari has gone to court 
several times to enforce its ownership rights in the design of more than one 
highly prized Ferrari-Pininfarina design and to prevent fabricators from 
producing quite exact copies of real Ferrari automobiles (which some 
fabricators have done). And Ferrari has won.

Usually these creations are called <replicas>. But in one celebrated case, a 
fellow in Europe produced several exact copies of a Ferrari 250 GTO, a sports 
racer from the early 1960s that 12 years ago were being auctioned for upwards 
of $10,000,000!!! This guy was putting real factory serial numbers on his 
replicas and selling them as true, original factory Ferraris. He went out of 
business and into jail.           

On this whole subject, it seems to me that professional photographers should 
be a great deal less concerned about the remote possibility that someone may 
assert intellectual property rights inhibiting their access and freedom to 
photograph commercially someone else's creation than they are about 
protecting their own rights to their creative work product and their ability 
to pursue other who reproduce their work without compensation.

Just a Saturday thought while watching les 24 Heures du Mans.    Seth  LaK 9

Replies: Reply from "Mxsmanic" <mxsmanic@hotmail.com> (Re: [Leica] Re: Copyright questions)