4 ms·

It boggles my mind that you are even considering a lawsuit over this. First, adaptations, tracings, and parodies are almost certainly fair use. Second, it is co

It boggles my mind that you are even considering a lawsuit over this. First, adaptations, tracings, and parodies are almost certainly fair use. Second, it is completely unreasonable and counterproductive for you to be "angry". Email the graphic artist and get a beer with him, you two seem to be mutual fans.

pbhjpbhj 16y ago
>First, adaptations, tracings, and parodies are almost certainly fair use. Parody can be fair use (http://www.law.cornell.edu/uscode/17/107.html http://www.law.cornell.edu/uscode/17/107.html; caution annoying interstitial) and protected internationally I gather but is not always. The original costume probably could pass as a parody (or be deemed personal use) and so be fair use whilst this comic-book image doesn't look parodical it's just a commercially used derivative in a different media. Adaptations of other's work (that use a "substantial part") are not allowed without permission of the original creator. Tracings? You think it's OK to duplicate someone else's copyright work as long as you trace it? That's almost the definition of a slavish copy - like considering copy-pasting the binary presentation of an MP3 to circumvent the creators rights. Marvel are presumably distributing this internationally? Remember that fair use is a lot narrower in some non-USA jurisdictions. Lastly, is the owner of the convention photo copyright sure that this is a copy of his image. Presumably others could have taken pictures of this guy at the same time?
d4ft 16y ago
As an aside, a recent case ('03) is pretty on point regarding this issue (also topical, considering the terrible Jonah Hex movie just came out). Here is a decent summary of what went down: http://www.firstamendmentcenter.org/news.aspx?id=11551 http://www.firstamendmentcenter.org/news.aspx?id=11551

4 ms·

It boggles my mind that you are even considering a lawsuit over this. First, adaptations, tracings, and parodies are almost certainly fair use. Second, it is co

by ramanujan 16y ago

pbhjpbhj 16y ago
>First, adaptations, tracings, and parodies are almost certainly fair use. Parody can be fair use (http://www.law.cornell.edu/uscode/17/107.html http://www.law.cornell.edu/uscode/17/107.html; caution annoying interstitial) and protected internationally I gather but is not always. The original costume probably could pass as a parody (or be deemed personal use) and so be fair use whilst this comic-book image doesn't look parodical it's just a commercially used derivative in a different media. Adaptations of other's work (that use a "substantial part") are not allowed without permission of the original creator. Tracings? You think it's OK to duplicate someone else's copyright work as long as you trace it? That's almost the definition of a slavish copy - like considering copy-pasting the binary presentation of an MP3 to circumvent the creators rights. Marvel are presumably distributing this internationally? Remember that fair use is a lot narrower in some non-USA jurisdictions. Lastly, is the owner of the convention photo copyright sure that this is a copy of his image. Presumably others could have taken pictures of this guy at the same time?
d4ft 16y ago
As an aside, a recent case ('03) is pretty on point regarding this issue (also topical, considering the terrible Jonah Hex movie just came out). Here is a decent summary of what went down: http://www.firstamendmentcenter.org/news.aspx?id=11551 http://www.firstamendmentcenter.org/news.aspx?id=11551