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: G Mike Adams <email@hidden>
- Date: Tue, 26 Jun 2007 09:58:38 -0500
Does anyone know if there's a specific case regarding one of the
majors actually trying to enforce a profile copyright?
Certainly the sales/technical/marketing...guy from X-Rite would know.
As I read the license language and as I see what's been said here,
the first point seems to be that as long as you're acting as a color
consultant and doing profiling as part of that consultancy you're not
running afoul in any way of the claimed copyrights. Where you would
run afoul is if you created a profile and offered it up for sale or
distribution to an audience beyond the machine for which it was
initially created.
At that point both sides could make a compelling case. The author of
the software could claim the profile couldn't have been made without
the software and claim the damages of lost sales of software to
people who might have bought software if the profiles weren't
available; but the maker of the profiles could contend that they
actually were the author of that individual profile and it was their
own time and talents and particular expertise that made that profile
different and better than what someone might make on their own.
It could certainly go either way and would make an interesting case.
But until there's case law to draw on, it really is conjecture.
I, um...will point out that's it's easy enough to add your own
copyright claim to your profiles, and not a bad idea.
Regards,
Mike Adams
817-781-4010
email@hidden
http://correctcolor.org
_______________________________________________
Do not post admin requests to the list. They will be ignored.
Colorsync-users mailing list (email@hidden)
Help/Unsubscribe/Update your Subscription:
This email sent to email@hidden