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Quoting from the BB article which itself quotes the US copyright law: "Works produced by mechanical processes or random selection without any contribution by a
by tobtoh 15y ago
Quoting from the BB article which itself quotes the US copyright law:
"Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Thus, a linoleum floor covering featuring a multicolored pebble design which was produced by a mechanical process in unrepeatable, random patterns, is not registrable. Similarly, a work owing its form to the forces of nature and lacking human authorship is not registrable; thus, for example, a piece of driftwood even if polished and mounted is not registrable"
So if you purposely setup the Roomba to knock over the paint and produce art, then yes my understanding is that is copyrightable. But if the Roomba accidentally knocked it over, then it's not - based that there was no purposable (is that a word?) human contribution to create the art.
Similarly, if the photographer had handed the monkey the camera with the intention of getting the monkey to take a photo, then it's copyrightable. If the monkey picked up the camera because the photographer wasn't keeping a close eye on his equipment, then the subsequent photo isn't copyrightable.
My understanding of copyright is that 'intent' plays a part in the decision.
- esrauch 15y agoI think the word you are looking for is 'purposeful'
- jbrennan 15y agoGreat points. I wonder though, what if the monkey had intended to take the self-portrait. I'm not saying this was necessarily the case this time, but I wonder what implications this would have. Then again, since the monkey lacks a language with which to communicate to us, it's probably not possible to know one way or the other.
- illumen 15y agosome monkey/human pairs do know ways of communicating with each other. signing, and key boards
- Tyrannosaurs 15y agoDoes it make any difference what the monkey's intention was though? As far as the law is concerned he has no rights in the matter regardless so surely it's irrelevant.
- joejohnson 15y agoExactly. In the eyes of the law, there are two catergories: humans and everything else. Monkeys/mechanical processes are everything else, and it is irrelevant to try to determine a monkey's intention (in the eyes of the law), just as it would be worthless to debate the intentions of the can of paint. In the eyes of the law, non-humans have no intentions.