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rtcvb32: I enjoy referencing this video...

A real problem with copyright is that it's based probably more on something that can easily be duplicated in bulk vs one at a time. Paintings hold no copyright because you make and sell one and only one painting. People who make takes and chairs can't claim copyright on them, and instead sell them individually as they are made, so it's a 1:1 ratio of work. Music and Books had to be copied by hand and took a very long time.

With the coming of the printed press, someone could create a book, then have it copied a thousand times very quickly, and sell those off for a profit, only having to write it once. Movies, music, media, games, digital art, etc, these all go on the same idea that it's easy to duplicate and thereby copyright is more relevant because it's much easier to make a profit by mass production or ease of copying 1:1.

But seriously, the relevance of the material quickly goes out. Within 3 years books are usually out of print when you're buying physical copies, games they stop producing after like 6 months, and the relevancy of a game is the lifetime of the system, or generally it seems 5 years. Same for just about everything else...
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hedwards: Um, paints have a copyright, virtually every form of expression has copyright. The only exceptions are things that aren't recorded. So, you can't copyright performances, just the recordings of the performance.
What is fun about classic paintings. The are mostly out of copyright (too old) but a reproduction of one is not (if it is recent enough). This means that Mona Lisa itself is not copyrighted, but if you take a picture of the painting your picture is. If anyone wonders why it is not allowed to take pictures in many museums, but you can buy the pictures on postcards in the shops...
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amok: What is fun about classic paintings. The are mostly out of copyright (too old) but a reproduction of one is not (if it is recent enough). This means that Mona Lisa itself is not copyrighted, but if you take a picture of the painting your picture is. If anyone wonders why it is not allowed to take pictures in many museums, but you can buy the pictures on postcards in the shops...
Maybe, but having a postcard/Jpeg of the Mona Lisa has a much lower value than the actual painting itself... Unless of course you can somehow charge and profit enough from the Jpeg to make it worth more than the actual work. Vintage painting's value can range in the millions afterall. And it's safe to say if you took a picture of the Mona-Lisa, i highly doubt anyone would believe you own copyright over it or the instance of the Jpeg; The best you could do is claim to have taken the picture and nothing more (regardless how high quality a picture it was). It's also inherently different looking at a tiny representation of something and actually seeing it for yourself.


No, paintings as they were, were sold as-is. If i make a chair, i suppose it could be copyright-able, but it seems silly because it's a chair, furniture, a tool. I guess the more important question is should it be copyrighted? You can't copyright an idea, but you can copyright a particular instance of an idea in some recorded form, and a hand-made chair would be 'in some form'. But the inherit physical attributes makes such a copyright silly as it can't be fully duplicated.

That gets into patenting which limits the physical process of making something, be it a recipe for advil, to the exact process to mold tooth brushes, to the specific configuration and process used by a card shuffler (used in vegas for example). The process is limited, while the results that it produces is not limited (a rope making machine could be under patent, but a piece of rope made by it is not).

Maybe my explanations don't fully reflect the letter of the law as it currently is (as i'm not a lawyer), but i am pretty sure what copyright should be and how it should work. I follow the spirit of it's intent, not the abysmal state it's currently in.
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amok: What is fun about classic paintings. The are mostly out of copyright (too old) but a reproduction of one is not (if it is recent enough). This means that Mona Lisa itself is not copyrighted, but if you take a picture of the painting your picture is. If anyone wonders why it is not allowed to take pictures in many museums, but you can buy the pictures on postcards in the shops...
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rtcvb32: Maybe, but having a postcard/Jpeg of the Mona Lisa has a much lower value than the actual painting itself... Unless of course you can somehow charge and profit enough from the Jpeg to make it worth more than the actual work. Vintage painting's value can range in the millions afterall. And it's safe to say if you took a picture of the Mona-Lisa, i highly doubt anyone would believe you own copyright over it or the instance of the Jpeg; The best you could do is claim to have taken the picture and nothing more (regardless how high quality a picture it was). It's also inherently different looking at a tiny representation of something and actually seeing it for yourself.

[..]
not so much about value (time to bring in Benjamin :)), but the fact that if you have been on holiday at the Louvre, you are not allowed to place a picture of Mona Lisa on your Facebook page so other people can see it, they have to travel there themselves. If you could scan Mona Lisa (or take a picture of here yourself) you can place that on your Facebook ( as it is out of copyright), but you are not allowed to scan the post card reproduction and place there.
To be fair, at one time, one of the main reasons to prevent photography of art is that old paintings are sensitive to light and with thousands of pictures taken it would have had its toll. That was in the days of flash photography.
If a tree falls in the middle of the woods, with no one around to hear it... is it still O.K. for you to load it up on your van and bring it back home with you?
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hedwards: Um, paints have a copyright, virtually every form of expression has copyright. The only exceptions are things that aren't recorded. So, you can't copyright performances, just the recordings of the performance.
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rtcvb32: Perhaps Leonardo da Vinci was before copyright started, and long before technology could capture such performances or before the printed press or copy machines, but if you wanted a painting you got a painting, not a replica or items made in bulk. Yes everyone honored his work because like an artist, he signed his work to mark it as his (which we could then identify), but he didn't make money years and years after he sold his painting... Or am i wrong?

The idea of copyright is a nice thing, but it's current perverted form is an ugly mass of festering bile. It's not to stimulate creative works, but to punish anyone for being creative on anything halfway resembling someone else's work, or prevent another's work entirely because copyrighted items never go into the public domain anymore. Only corporations have anything to gain by long copyrights, milking them long after the creators of such works is long dead...
I don't think copyright existed at the time. If you wanted a career in art you had to convince somebody to bankroll it and you'd be mostly producing what they wanted you to produce. Hence why Michaelangelo was producing those "women" in his art despite a complete lack of interest on his part in women.

Most of the great works have already fallen into the public domain which makes it legal for anybody to create post cards from those works. But, they lack the essence of the original. There's no brush strokes or just rw-peen of having the original.
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hedwards: Um, paints have a copyright, virtually every form of expression has copyright. The only exceptions are things that aren't recorded. So, you can't copyright performances, just the recordings of the performance.
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amok: What is fun about classic paintings. The are mostly out of copyright (too old) but a reproduction of one is not (if it is recent enough). This means that Mona Lisa itself is not copyrighted, but if you take a picture of the painting your picture is. If anyone wonders why it is not allowed to take pictures in many museums, but you can buy the pictures on postcards in the shops...
You can take pictures, the rule against that is the Museum's rule, not copyright. It would be a derivative work, but since nobody owns the rights to the original, you can do what you will with the picture you take.

The reason why people don't generally bother is that no reproduction of the Mona Lisa is going to be protected by copyright. If it looks like the Mona Lisa, then it's not going to be protected.
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rtcvb32: Maybe, but having a postcard/Jpeg of the Mona Lisa has a much lower value than the actual painting itself... Unless of course you can somehow charge and profit enough from the Jpeg to make it worth more than the actual work. Vintage painting's value can range in the millions afterall. And it's safe to say if you took a picture of the Mona-Lisa, i highly doubt anyone would believe you own copyright over it or the instance of the Jpeg; The best you could do is claim to have taken the picture and nothing more (regardless how high quality a picture it was). It's also inherently different looking at a tiny representation of something and actually seeing it for yourself.

[..]
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amok: not so much about value (time to bring in Benjamin :)), but the fact that if you have been on holiday at the Louvre, you are not allowed to place a picture of Mona Lisa on your Facebook page so other people can see it, they have to travel there themselves. If you could scan Mona Lisa (or take a picture of here yourself) you can place that on your Facebook ( as it is out of copyright), but you are not allowed to scan the post card reproduction and place there.
Bullshit, they might say that, but it's not true. Good luck actually getting a court to enforce that. The Mona Lisa doesn't have any protection in that respect,.
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RWarehall: To be fair, at one time, one of the main reasons to prevent photography of art is that old paintings are sensitive to light and with thousands of pictures taken it would have had its toll. That was in the days of flash photography.
I assume you're joking.

That's highly unlikely, the energy in a flash from a camera is just not high enough to do any damage. Now if people were using UV light and UV sensitive film, that would be a different story.

The paintings receive far more damage from people breathing and shaking the floor than they do from flashes.
Post edited January 20, 2015 by hedwards
The main reason why tourists aren't allowed to take photos of the Mona Lisa is camera flashes. The bright lights which would bombard the painting could potentially harm it. The rule is pretty much there to protect the work, not to stop people making illegal copies of it.

Hell, you can, with very little effort, find extremely high resolution scans of many paintings, including Mona Lisa, from the web and produce your own variations in your hearts content if you so choose.
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tomimt: The main reason why tourists aren't allowed to take photos of the Mona Lisa is camera flashes. The bright lights which would bombard the painting could potentially harm it. The rule is pretty much there to protect the work, not to stop people making illegal copies of it.

Hell, you can, with very little effort, find extremely high resolution scans of many paintings, including Mona Lisa, from the web and produce your own variations in your hearts content if you so choose.
There's no truth to the assertion. With studio strobes placed right up next to the painting going off a million times there's an ever so slight decrease in picture quality. But, even without restriction that would never be a problem in the real world where camera flashes are much weaker and usually further away.

It's one of those old wives' tales that sticks around despite a complete lack of supporting evidence. It started because of some uncertainty about the amount of UV that might be coming off the flashes, and it's been repeated so many times that it's taken on an aura of truth for curators.

It also happens to be rather convenient as it makes it somewhat more desirable to buy the postcards rather than taking your own photos. When I was in China none of the museums bothered with such silliness. There weren't even signs suggesting that you shouldn't be taking pictures for people to ignore.

At any rate, if there were any validity to the assertion, they'd just place the paintings behind glass and no more flash photography problems.
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hedwards: There's no truth to the assertion. With studio strobes placed right up next to the painting going off a million times there's an ever so slight decrease in picture quality. But, even without restriction that would never be a problem in the real world where camera flashes are much weaker and usually further away.

It's one of those old wives' tales that sticks around despite a complete lack of supporting evidence. It started because of some uncertainty about the amount of UV that might be coming off the flashes, and it's been repeated so many times that it's taken on an aura of truth for curators.

It also happens to be rather convenient as it makes it somewhat more desirable to buy the postcards rather than taking your own photos. When I was in China none of the museums bothered with such silliness. There weren't even signs suggesting that you shouldn't be taking pictures for people to ignore.

At any rate, if there were any validity to the assertion, they'd just place the paintings behind glass and no more flash photography problems.
Maybe it goes back to powder flashes. Those could seriously harm the paintings with excessive and combustible dust getting on them.
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hedwards: There's no truth to the assertion. With studio strobes placed right up next to the painting going off a million times there's an ever so slight decrease in picture quality. But, even without restriction that would never be a problem in the real world where camera flashes are much weaker and usually further away.

It's one of those old wives' tales that sticks around despite a complete lack of supporting evidence. It started because of some uncertainty about the amount of UV that might be coming off the flashes, and it's been repeated so many times that it's taken on an aura of truth for curators.

It also happens to be rather convenient as it makes it somewhat more desirable to buy the postcards rather than taking your own photos. When I was in China none of the museums bothered with such silliness. There weren't even signs suggesting that you shouldn't be taking pictures for people to ignore.

At any rate, if there were any validity to the assertion, they'd just place the paintings behind glass and no more flash photography problems.
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paladin181: Maybe it goes back to powder flashes. Those could seriously harm the paintings with excessive and combustible dust getting on them.
I read up on it a bit when more than one person made the claim. And it goes back to the early days of electronic flashes when there was still some question about how much UV they were emitting. And the reality is placing things on display is going to cause wear and tear due to the environment even in a museum.

People repeat the idea and the curators themselves have no particular incentive to remove the signs, by their nature they're rather conservative about how they treat the pieces just because they are incredibly hard to repair, if it's even possible.

At this stage though, it's not something that people should be worrying about. The theoretical possibility of harm by flashes is much less problematic than the other aspects of display. The annoyance to other visitors is probably a better reason to ban flash photography.
is archive.org legal?

i found there some games/images, so could these be officially free? this is strange cause afaik archive.org doesnt do warez!
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Caine123: is archive.org legal?

i found there some games/images, so could these be officially free? this is strange cause afaik archive.org doesnt do warez!
Yes, it is legal, they only share PD, Copyleft, CC, etc... content.
ok, cause there are games which are still officially distributed like lucas arts, blizzard games etc. and this is wondering myself a bit! (though i got those classics! :D)
Post edited January 22, 2015 by Caine123
Moot points all over the place. The reality is, if you sell an easily mass produced/traded/given product. You have no control over where it goes. Period. GOG and patrons simply took out the retard in the situation by removing the DRM(the retard) and understands you can just ask people to be nice and honest. Most people by being asked not to distribute these games do not distribute them. As such with proof in point, we are still here on GOG talking about such matters.

In short- DRM = pointless and people who want free crap will find it. No question regarding this matter. It WILL happen. Thus, DRM = bad. GOG for the win! ^_^
Yes, I'm aware this is an old thread but since 2015, things have changed and I wanted to mention them in this thread since it's one of the top 10 returns on a Google search.

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Caine123: is archive.org legal?
Abandonware is now recognized by the US copyright office:

https://www.engadget.com/2006/11/23/us-copyright-office-grants-abandonware-rights

Archive.org is now considered a library by the State of California:

http://www.post-gazette.com/technology/2007/06/22/The-Internet-gives-birth-to-an-official-online-library/stories/200706220236