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Re: The SFLC has pleaded their clients right out of court


From: Alexander Terekhov
Subject: Re: The SFLC has pleaded their clients right out of court
Date: Tue, 04 May 2010 16:16:54 -0000

Hyman Rosen wrote:
> 
> On 4/16/2010 2:52 PM, Alexander Terekhov wrote:
> > Hyman Rosen wrote:
> >> You made a blanket comment that US law does not recognize
> >> the value of moral rights.
> >
> > http://cyber.law.harvard.edu/property/library/moralprimer.html
> >
> > "Under VARA, moral rights automatically vest in the author of a "work of
> > visual art." For the purposes of VARA, visual art includes paintings,
> > drawings, prints, sculptures, and photographs, existing in a single copy
> > or a limited edition of 200 signed and numbered copies or fewer. In
> > order to be protected, a photograph must have been taken for exhibition
> > purposes only. VARA only protects works of "recognized stature;"
> > posters, maps, globes, motion pictures, electronic publications, and
> > applied art are among the categories of visual works explicitly excluded
> > from VARA protection.
> >
> > The language of the Copyright Act excludes works-for-hire from the
> > definition of "works of visual art," thereby excluding such works from
> > VARA protection. "
> 
> Thank you for providing a confirming link that US law
> does recognize the value of moral rights.

"a limited edition of 200 signed and numbered copies or fewer."

http://darkwing.uoregon.edu/~csundt/copyweb/CunardCAA2002.htm

"As a threshold matter, only certain art is protected by VARA: works
that fit a definition of “Works of Visual Art” in § 101 of the Act.
Works in traditional media such as painting and drawing are covered, but
multiples such as sculpture and prints are only protected if the work is
a unique print or if it is in signed and numbered editions of 200 or
less. Similarly, still photographs produced for exhibition purposes are
protected only if they are unique or are in signed, numbered editions of
200 or less. Specifically excluded are numerous items listed in the
statute, such as posters, maps, models, applied art, motion pictures, or
other audiovisual works, periodicals, databases, and art produced for
primarily commercial purposes, such as advertising, packaging, or
promotional material. Also excluded is any portion of a mixed-media work
of art incorporating one of the specifically excluded items. "

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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