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I recall a ruling in Germany that pornography isn't inherently protected by copyright but porn that has some narrative structure around the actual sex scenes be
by pluma 10y ago
I recall a ruling in Germany that pornography isn't inherently protected by copyright but porn that has some narrative structure around the actual sex scenes being granted protection because of that.
So if it's just literally pointing a camera at people having sex, copyright wouldn't apply (though presumably the right to one's own image would still apply?) but if it's previously established that they're a plumber and a housewife overcome by their passions, it's part of a copyrighted work.
- edblarney 10y agoI want to be the lawyer that goes over scripts to determine which porn counts as 'art' and which does not. "Ok, we have the production approved, we just need to get the script through legal and we're good". Is probably something people say today :) I have no legal background, but it all seems rather absurd to me. If it's a creative work, then that's it -> it's copyrightable.
- anigbrowl 10y agoThat ruling wouldn't stand in the face of a considered attack.