Vivian Meazza wrote:
> I'm going to set you all a simple multiple choice test - pay attention
> because I'm only going to say this once:

Viviane you are on the complete wrong track, sorry.
Taking pictures is documenting existing items while creating or redrawing 
items is a creatie work replicating the original.

If you take pictures from a person you enter his privacy which can be enforced 
by civil law. See http://en.wikipedia.org/wiki/Personality_rights
I believe this is also covered by chapter 8 of the european human rights 
convention:
http://www.echr.coe.int/NR/rdonlyres/92DB8BAC-7D8D-4C28-
B927-1C1360A17DC3/0/FICHES_Droit_%C3%A0_sa_propre_image_EN.pdf

In various countries the rights of such a picture are with the person on the 
picture. Court rulings however make here exceptions eg. when photographed in a 
crowd or rights are transfered by contract (eg. somebody is paid for being 
pictured).
Further exceptions relate to persons of public interests like celebrities and 
politicians. However court rulings vary in this area but often tend towards 
the pictured person.

This has been said multiple times before: Photographing an item, trademarked 
or not, is not an infringement. It is a documentation. The only issue (not 
trademark related) would be if that picture was taken by bypassing measures 
which should prevent from being pictured (eg. the item is placed at non-public 
locations or explicit denial of photographing has been stated).
The same applies if you do a drawing of the same scene.

If you draw a picture of the trademark as the central part this is creative 
work in the sense of doing derivate work of the original. This is still free. 
However if you distribute this item there is an issue as distribution is 
prohibited by trademarking laws- it could be mistaken as originating from the 
trademark owner.

Now what if you take a photograph and place it as a picture on a helicopter? 
Nice try. But invalid. If you make a texture from the photograph it is no 
longer documentation but a derivative work used for a different purpose than  
looking at it in a photo album.

You are trying to boil a complex issue down to simple answers. It is not that 
simple.

Oliver

------------------------------------------------------------------------------
Free Software Download: Index, Search & Analyze Logs and other IT data in 
Real-Time with Splunk. Collect, index and harness all the fast moving IT data 
generated by your applications, servers and devices whether physical, virtual
or in the cloud. Deliver compliance at lower cost and gain new business 
insights. http://p.sf.net/sfu/splunk-dev2dev 
_______________________________________________
Flightgear-devel mailing list
Flightgear-devel@lists.sourceforge.net
https://lists.sourceforge.net/lists/listinfo/flightgear-devel

Reply via email to