One of the reasons that today’s copyright is such a bad fit for the modern digital world is that its roots lie deep in 18th-century law and analogue objects like books. This fact has created a kind…
A Minecraft World isn’t, not even if you draw on it with exploration as the world was generated from a random seed.
It is random, and unpredictable. You could maybe make an argument from reusing the random seed… But since the ability to turn the seed into the map isn’t something a human can replicate without Minecraft I think it also fails the test for copyright.
Nature is often random and unpredictable, but the process of selecting a interesting POV and taking a picture of it is still copyrightable.
I wouldn’t be so sure that if you discover a seed, that can be transformed using minecraft into a world with very interesting and specific properties, could not be under copyright protection.
In fact movies, pictures and books are specific numbers on a digital storage medium as well, that are transformed using a codec. That isn’t something that can be easily replicated without that codec.
I am not a copyright lawyer, but I think there are precedences where just the selection process from a stream of (semi-) random number, pictures, sound or events alone can produce copyrightable products.
Yes, and you have copyright on the photo - not the layout of the plants and trees in it, nor even the angle of the subject. Someone else can go with a camera and take their own photo without touching your copyright.
Much like with digital files, the copyright is as it is a non-random transformation of a mostly replicable media product. People don’t have a copyright on numbers, even if their 5000 trillion billion digit number happened to turn into a 1960s Disney short if you run it through the right compiler.
Yes, and you have copyright on the photo - not the layout of the plants and trees in it, nor even the angle of the subject. Someone else can go with a camera and take their own photo without touching your copyright.
A work is original if it is independently created and is sufficiently creative. Creativity in photography can be found in a variety of ways and reflect the photographer’s artistic choices like the angle and position of subject(s) in the photograph, lighting, and timing. As a copyright owner, you have the right to make, sell or otherwise distribute copies, adapt the work, and publicly display your work.
So if someone intentionally reproduces a picture, they violate copyright, IIUC.
In the case of minecraft, I think a case can be made, where the “picture” is the minecraft world, and the creativity is the selection process by the artist. The artist chooses their angle, position, lighting, etc, in this case they choose properties of the world, maybe by visiting thousands of them, using seed search machines, or other reverse engineering tools etc.
I all depends on if the artist can raise their work above just the random noise they get as an input in a creative way. I am not saying that all minecraft worlds (or save games for that matter) are subject to copyright, but since we are dealing with blurry lines of copyright, it is possible.
IANAL, but I think if I would look into case law, I would find examples for both options, in some cases the “selection process” was enough to demonstrate creativity, and in other cases it wasn’t.
You are correct it isn’t about the numbers, it is about the artistic and creative product that is copyrightable, which, in case of digital art, is represented as numbers, and distribution of those might be punished by law.
I am just saying that digital art can be more that just still or moving pictures and sound. It can be a world space the artist prepared for you where you can move around.
A Minecraft World isn’t, not even if you draw on it with exploration as the world was generated from a random seed.
It is random, and unpredictable. You could maybe make an argument from reusing the random seed… But since the ability to turn the seed into the map isn’t something a human can replicate without Minecraft I think it also fails the test for copyright.
Nature is often random and unpredictable, but the process of selecting a interesting POV and taking a picture of it is still copyrightable.
I wouldn’t be so sure that if you discover a seed, that can be transformed using minecraft into a world with very interesting and specific properties, could not be under copyright protection.
In fact movies, pictures and books are specific numbers on a digital storage medium as well, that are transformed using a codec. That isn’t something that can be easily replicated without that codec.
I am not a copyright lawyer, but I think there are precedences where just the selection process from a stream of (semi-) random number, pictures, sound or events alone can produce copyrightable products.
Yes, and you have copyright on the photo - not the layout of the plants and trees in it, nor even the angle of the subject. Someone else can go with a camera and take their own photo without touching your copyright.
Much like with digital files, the copyright is as it is a non-random transformation of a mostly replicable media product. People don’t have a copyright on numbers, even if their 5000 trillion billion digit number happened to turn into a 1960s Disney short if you run it through the right compiler.
https://www.copyright.gov/engage/photographers/
So if someone intentionally reproduces a picture, they violate copyright, IIUC.
In the case of minecraft, I think a case can be made, where the “picture” is the minecraft world, and the creativity is the selection process by the artist. The artist chooses their angle, position, lighting, etc, in this case they choose properties of the world, maybe by visiting thousands of them, using seed search machines, or other reverse engineering tools etc.
I all depends on if the artist can raise their work above just the random noise they get as an input in a creative way. I am not saying that all minecraft worlds (or save games for that matter) are subject to copyright, but since we are dealing with blurry lines of copyright, it is possible.
IANAL, but I think if I would look into case law, I would find examples for both options, in some cases the “selection process” was enough to demonstrate creativity, and in other cases it wasn’t.
You are correct it isn’t about the numbers, it is about the artistic and creative product that is copyrightable, which, in case of digital art, is represented as numbers, and distribution of those might be punished by law.
I am just saying that digital art can be more that just still or moving pictures and sound. It can be a world space the artist prepared for you where you can move around.