Re: Ontology icon???

Subject: Re: Ontology icon???
From: Dick Margulis <margulis -at- fiam -dot- net>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Tue, 16 Mar 2004 11:32:16 -0500




John Posada wrote:

I forgot about that....very good option.
Which brings me to a question that might have some bearing on a future
assignment.

If you were to find an image that you liked, then ran it through a
program such as PSP or Illustrator to apply effects so that it really
doesn't resemble the original image without VERY close scrutiny (such as
an impressionistic filter), is that copyright infringement?


Yes and no. Yes, technically, it is copyright infringement. Yes, if the original artist sees the icon and happens to recognize it, he or she is likely to be annoyed. No, you are not going to get sued unless your icon turns into a hot property and you are seen as having very deep pockets. I think the last time someone did this was in the 1970s when some state education association sued NBC over a new logo that--by sheer coincidence--resembled theirs.

This kind of "borrowing" is done constantly in commercial art--Advertising Age used to run a regular feature on the practice--and if the true originator of the image is still alive (often doubtful), they usually chalk it up to imitation being the sincerest form of flattery and move on with their lives.

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References:
RE: Ontology icon???: From: John Posada

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