Re: Profile Copyright Protection
Re: Profile Copyright Protection
- Subject: Re: Profile Copyright Protection
- From: Graeme Gill <email@hidden>
- Date: Thu, 26 Feb 2004 13:32:20 +1100
- Organization: Color Technology Systems
Chris McFarling wrote:
I have general question regarding copyrights and ICC profiles.
Between the Mac OS and Adobe products, several ICC profiles get installed on
a machine. Are these profiles protected by any copyrights? If I wanted to
write an application that used ICC profiles, would I be infringing on any
copyrights if I included, say, the Adobe RGB (1998), US Web Coated SWOP v2,
Generic CMYK Profile, Generic RGB Profile, etc, profiles with the
application?
In most countries, copyright is automatic on any work that embodies
a form or expression. It's an interesting question as to whether ICC
profiles embody expression, or whether they are purely functional. In
some countries there may be laws enacted that declare things like software
to be copyrightable, thereby removing the question of whether software embodies
expression. Whether these sorts of laws cover things like ICC profiles
would need some study. The general assumption is that it's possible/likely
that the creator of an ICC profile would be regarded as the author of
the work, and would have copyright over it.
In summary, I don't think it would be wise to copy profiles created by
other people, unless they explicitly give permission to do so.
There may be profiles made available by standards bodies, trade
organizations etc. that are permitted to be distributed and used freely.
You need to check that this is the case.
If copyright protection is an issue, are there free profiles that are
available and distributable without a license, other than ones I would make
myself?
Don't be too sure that making the profiles yourself solves the problem. Many
commercial profile making packages, claim copyright over all profiles
produced using the package (sort of like Microsoft trying to claim copyright on
all documents created using Word). On what legal basis they are making this
claim, is a very good question. My layman's understanding of copyright is that
only humans can author things, and that only legal entities can own copyright.
If the author of the profiling package claims that they are the author of all
profiles it creates, then of course, they should be able to send me all
the profiles I will ever make using their package, without ever having to
measure anything ....
Graeme Gill.
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