> Richard Stewart
>
> Art work is dealt with like any other art.  Artwork released as
> OGC is OGC.
> Artwork NOT released OGC is not OGC.  Regardless of whether it is
> derivative or not, does not matter.
>
> It is very simple.

Artwork is dealt with like any other copyrighted material.  You do not have
the right to create derivative works of copyrighted material, even if such a
derivative is a "translation" from text to a pictorial representation
(Ferdinand Pickett v. Prince, March 2000, 2000 U.S. App. Lexis 3768).  All
OGC is copyrighted material, and any works derivative of OGC must either be
released under the OGL or are a violation of the license.

You are correct that artwork which is derivative is not automatically OGC -
it is the joint property of the OGC copyright holder and the artist, which
means neither can use the material unless it is released under the OGL.

It is FAR from simple.

-Brad

For an abstract of the case:

http://www.kentlaw.edu/student_orgs/jip/copy/ferdinand.htm

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