Re: Selling ICC profile...is it legal or not?
Re: Selling ICC profile...is it legal or not?
- Subject: Re: Selling ICC profile...is it legal or not?
- From: CS05 <email@hidden>
- Date: Tue, 26 Jun 2007 07:59:13 -0400
I don't believe that for a second. Otherwise anything created with
Photoshop can be protected by Adobe as well. You can patent the tools
(indeed software is often patented as well as copyrighted), but what
a user does with that tool is not automatically the property of the
tool's creator, but of the person using the tools. In fact,
international copyright law says that anything anyone creates
automatically becomes the copyright of the creator (no forms or
registrations of any sort need to be filled out). I have no doubt
that software companies would try to make you think that they own the
profiles you create, but make no mistake, it's not for reasons of
copyright, just for reasons concerning their bottom line and ability
to sell more hardware/software. Take the matter to court and I'd be
surprised if the court saw the profile as belonging to anyone but the
person who used the software, their time, their paper, their press
run, etc. to create it.
Lathes are not copyrighted (patented perhaps, but not copyrighted),
and their
productions are not derivative products of copyrighted software.
There is
little legal question that derivatives of copyrighted software can
be protected
by copyright. This could lead to some absurd situations, carried to
the
extreme, but it does exist, and is the basis for restriction of ICC
profile
distribution.
C. David Tobie
Product Technology Manager
ColorVision Business Division
DataColor Inc.
email@hidden
www.colorvision.com
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