[cc-community] Cropping and derivation

Andres Guadamuz a.guadamuz at ed.ac.uk
Fri Feb 22 09:18:31 EST 2008


Cropping has come up in some cases, but not particularly for copyright 
infringement, or defining derivative works, but in the context of Rights 
Management Information.

There is a U.S. case on this, McClatchely v Associated Press 35 Media L. 
Rep. 1885

In September 11 2001, Valencia McClatchey took a picture of United 
Airlines 93 crash, which she then licensed for one-use only to news 
agencies. She also made a poster of the picture entitled "End of 
Serenity" (sort of like those posters with a picture and one word like 
Tranquility, or Endurance). Gene Puskar, an Associated Press 
photographer, took a picture of her holding the poster, and then sold it 
to AP. It is claimed that he cropped the image to remove the copyright 
notice, the title, and McClatchey’s name. AOL and other sources were 
using the cropped image.

What is interesting in the case is that the court decided that software 
was used to  place the title, her name and the copyright notice on all 
printouts of the photograph, which was a violation of copyright 
management information provisions under the DMCA.

Best Regards,

Andres

Rich Vázquez wrote:
> We held our first Austin Creative Commons Salon last night.
> An interesting question came up which was - when is a work considered a 
> derivation.
> 
> Two points they considered
> 1) In cropping or resizing the picture, the picture has been altered 
> (although the creative presentation isn't altered unless size was 
> integral or elements other than sky, ground or random arms, etc)
> 2) In presenting an image  in the context of a story, a second medium of 
> expression was introduced, so is this a creative alteration of the image.
> 
> 
> -- 
> --
> Rich Vázquez
> 
> 
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-- 
Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh, EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz at ed.ac.uk
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