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: Thu, 28 Jun 2007 07:58:43 -0400
My understanding is that typically courts will
override contracts/licenses where they conflict
with legislation, for instance where the license
attempts to disclaim statutory guarantees, remove
fundamental rights etc.
I doubt claiming control over resulting profiles would
fall into this sort of category in most jurisdictions though.
The person preparing the profile could be considered the creator
and hence the copyright owner of the material. Their work went into
making the profile. If the software company were to own the
copyright, that means no user would be allowed to reproduce any copy
of the profile. No .icc file, no printout of the results, no graphs,
etc. The software company alone would be the ones who could reproduce
and make "copies" of the information.
As for the profiles not having copyright content of the profile
software maker, how can you be certain of that ? As I pointed
out in a previous post, profiles may contain literal copies of
expressive elements from the profile making software, and hence
have a claim of copyright on them.
I don't think that would matter much. If somebody uses a leaf-
shaped brush in Photoshop to create an image, even though it is a
tool created by the software company that in itself has some creative
component to it, if a user uses it to create an image of their own,
they fully own the copyright to their own image. Adobe can't make any
kind of copyright claim, because regardless of the fact that their
tools were used, they didn't create the image.
Even if someone were to break someone else's copyright by, say,
using a copyrighted image to make a montage of copyrighted images,
they may have broken the law, but in turn, nobody, not even the
copyright holders of the original images could use the thief's
montage because he owns the copyright on that work, (even though it
was made through illegal uses of copyrighted images itself!)
Copyrights belong to the people making the work. (or in a work-for-
hire situation, to the company hiring the creative worker) Simple as
that. A software company trying to make a claim that they own your
work because you used the font or table their software generates
sounds ridiculous to me. I would be interested in seeing such a claim
played out in court.
_______________________________________________
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