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…
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.
About the section on the law, I would read it just as stating what is covered under copyright, and not what isn’t. I also just mentioned what original work is, not describing derived work.
First, we’re talking cross duristicion, since I was using the EU ruling above.
Second, I’m wondering if what that US page means is that a non-original work doesn’t get copyright protections, or that non-original work is itself in breach of copyright? Maybe I should go digging to find out.
I agree deliberately designed digital worlds are artistic creations. Just that randomly generated ones are not.
You’re probably right that legal examples on both sure probably already exist.
The crux of the matter for me is the question wherever “the selection process” alone is enough to create art or not, and depending on my mood I fall to one side or another on that question. Not specifically if it is under copyright or not, because that sort of follows from that.
Artists often use randomness in various parts of their creation process, what is really required is the human element. Is a picture of a cloud, that speaks to the photographer in some way art or just a picture of a random cloud?
I guess this has to be decided on a case by case basis, therefore I cannot completely exclude it.
I agree with all that. The edge cases are tricky and there’s no easy answer.
A painter flicking or splashing paint on a canvas presumably makes something with copyright protection.
Does an accidentally statically impossible basically impossible to tell apart version accidentally made by someone flicking and splashing their own paint infringe it? I’d hope not but can’t really argue for a rule on it that doesn’t involve believing stated goals/mind reading.
Guess not a thing us mortals/non-legal professionals can ever answer.
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.
About the section on the law, I would read it just as stating what is covered under copyright, and not what isn’t. I also just mentioned what original work is, not describing derived work.
First, we’re talking cross duristicion, since I was using the EU ruling above.
Second, I’m wondering if what that US page means is that a non-original work doesn’t get copyright protections, or that non-original work is itself in breach of copyright? Maybe I should go digging to find out.
I agree deliberately designed digital worlds are artistic creations. Just that randomly generated ones are not.
You’re probably right that legal examples on both sure probably already exist.
BTW, thank you for this discussion!
The crux of the matter for me is the question wherever “the selection process” alone is enough to create art or not, and depending on my mood I fall to one side or another on that question. Not specifically if it is under copyright or not, because that sort of follows from that.
Artists often use randomness in various parts of their creation process, what is really required is the human element. Is a picture of a cloud, that speaks to the photographer in some way art or just a picture of a random cloud?
I guess this has to be decided on a case by case basis, therefore I cannot completely exclude it.
You’re welcome, and thank you too.
I agree with all that. The edge cases are tricky and there’s no easy answer.
A painter flicking or splashing paint on a canvas presumably makes something with copyright protection.
Does an accidentally statically impossible basically impossible to tell apart version accidentally made by someone flicking and splashing their own paint infringe it? I’d hope not but can’t really argue for a rule on it that doesn’t involve believing stated goals/mind reading.
Guess not a thing us mortals/non-legal professionals can ever answer.