or maybe:: I've never been caught.
As a public school teacher I confess I have lied, stolen, cheated, begged, grovelled and whined to get what I need for my students. I can honestly say I have become emotionally attached to items/things I use daily and annually in the classroom. And, I am proud to say in my younger days some of these items had been stolen. But, my students grew and learned from these projects. OK! So I have no character or integrity but my students loved me. 87 days and then I will really have to pay attention to the laws.............nah! we got the internet now.
From the copyright lawyer: I'm going to jail: but a cowboy is a cowboy and a cat is a cat and a fence is just a fence: or is??? it stolen art work.
Francine,
Your question brings up several potential issues.
Technically, any copying of a creative or artistic work created by
another is a violation of copyright. Copyrights are created upon the
creation of the work but not enforceable until after
they are registered with the copyright office. The registration may
take place after the violation has occurred but the violator is only
subject to actual damages as opposed to statutory damages. Statutory
damages are only available for violations occurring
within a short period of time after creation of the work or any time
after the work has been registered. Changing the form, medium or
arrangement of an original work can still result in a violation. A
changed work can result in a new copyright for what would
be called a derivative work from the original. For example, Vanilla
Ice created a new song in Ice Ice Baby but sampled a portion of the song
Under Pressure by Queen. The sampling was a violation of the Queen
copyright but the new song was also subject to
being copyrighted. I would guess that the subject of for profit or
commercial use has been debated. In essence, a violation is a
violation. There is an exception for something called fair use which
usually relates to small samples or references to something,
accrediting the original source, and not for commercial purposes. For
example, showing a slide of a painting to a class in a comparative art
class is not typically considered a copyright violation. As a practical
matter, public showings that expose the copied
work to larger audiences and commercial ventures including selling of
your quilts would be more likely to result in legal action than
non-public, non-commercial violations. More specifically, if you take a
photo of something created by another like a painting
or photo, you are copying their work. However, the closeness of the
final result to the original image would be relevant to determining
whether the copyright is being violated. This means that determining a
violation can be a very fact specific.
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