NEW Oldhammer Sculptures

[ardyer]

Where a work is derived from another, then yes, things can get a bit less cut-and-dry. But lets be clear - something being similar to something else doesn't make it an infringement. Two photographs taken at the same time of day pointing at the same building under same weather conditions - very similar yet created totally independant of each other. Photographer A would need to prove that Photographer B had seen his work and subsequently copied it.

That is not actually true. The above references George Harrison case specifically stated that isn't required (at least under US law). In that particular case, there was no proof that George Harrison had ever heard the song he was being accused of copying and he denied having heard it, under oath and penalty of perjury. Yet the court found that having heard the work was not required to infringe the copyright.

And that's why, I think, the problem with copyright is greater. Yea, we all know a blatant copy is illegal. But how much are you allowed to be inspired by it? Patents do a good job of laying out what is protected that copyright lacks. Again, I'm not entirely sure if you can fix it, but the problem is there.

Also, sorry everyone else

 

[Zhu Bajie]

Again, I'm not entirely sure if you can fix it, but the problem is there.

Yes, and some people get wrongly committed for murder, which is why I think of it as a epistemological problem. Speeding tickets we're reasonably happy to trust the science behind speed cameras and the evidence produced by them. From what I can see they decided George Harrisson had heard the song, and then subconsciously plagiarised it. Which sounds bonkers to me, but then was George Harrisons drug use and potential memory issues raised in the case? Would make misremembering more likely.

But look at the technical case put forward, the expert witness, it's not 'these sound alike', it's done with a massive degree of measurement and detailed comparison of specific features (which we can see in the Chapterhouse case also) including the establishing that it was beyond reasonable doubt that the defendant had been aware of the original (OK, I admit that's not proof as I claimed would be required above, sloppy language on my part). You could argue that human factors and persuasion had more to do with the final judgement than the cold evidence, but miscarriages of justice are an unfortunate side effect of the system.

I'm not going to apologies at this point for rambling on! I hope the discussion outlines some of the pitfalls we're trying to avoid. But with that in mind I have just sent a note to our moderators so they can have a look before we go completely off piste, muddy the waters and mix metaphors too much.

 

[Drew Day Williams]

Oh.. you guys. *facepalm*

I've come with NEWS, that although this topic has reached a "fevered pitch" in discussing the vagaries of copyright law *ahem*, the mod team has weighed in and has recommended that I LOCK this thread a begin a new one simply dedicated to a simple "Show & Tell" display of my private Oldhammer sculptures. From this point on, and at no future time, will I be offering original sculpture for sale in this thread or the upcoming one.

Member are still welcome to PM me with questions, but the advertisement of sale will not be discussed in the public threads.
This is best for the Oldhammer Forum, the Moderators who make it possible, and our community.

I'm a tad busy today and maybe tomorrow, but I will follow through with the moderators wishes fairly soon.

 

[Citadel Collector]

Thanks for your understanding Drew.

For the clarification of group members, the moderator team had quite a debate about this thread, and the conclusion we have reached is that while we welcome Drew continuing to display all of his sculpted material, this forum is not the place to advertise it for sale. In a nutshell, we were concerned that the advertising for sale of what could be considered to be derivatives of GW models might not go unchallenged, potentially resulting in the closure of this forum. I'm sure everyone would agree that would be most unfortunate.

Personally I hope that Drew continues to be a valued contributor to this forum.