Zarathustra
11-03-2003, 11:37 AM
There was a case of an artist who created a piece of work from a commercial photographer. Unbeknown to the artist, the photographer recognising his work, bought his painting and proceeded to make lots of prints to sell.
The angered artist took the case to court and lost, because it was deemed the photographer (whose work was unmistakenly used) owned the rights.
Now that all seems fair and good to me, but my question is this. If a source from the public domain is used (be it a photo from NASA, an old war photo, an old master's painting etc. etc.) and the artist produces a piece based on this public domain source, are they protected from somebody then making prints of their own interpretation and selling them freely?
The angered artist took the case to court and lost, because it was deemed the photographer (whose work was unmistakenly used) owned the rights.
Now that all seems fair and good to me, but my question is this. If a source from the public domain is used (be it a photo from NASA, an old war photo, an old master's painting etc. etc.) and the artist produces a piece based on this public domain source, are they protected from somebody then making prints of their own interpretation and selling them freely?