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Re: GPL photographies, eg for backround



On Tue, 30 Dec 2008 02:17:51 +0000 Måns Rullgård wrote:

[...]
> I can easily imagine a photograph where the
> preferred form for modification is the depicted scene itself, rather
> than its depiction.

I am convinced that the depicted scene could possibly be the preferred
thing for *re-creating* the photograph from scratch (possibly in a
slightly different manner), not the preferred *form of the work* for
making *modifications* to it.

That's a significant difference, IMO.

> To created a modified photo, the photographer
> would rearrange the scene and make a new photo, not alter an existing
> one.

As I said above, this is not *modifying* the work, it's *re-creating*
it from scratch (possibly with variations).
Just like re-writing an executable program from scratch, rather than
modifying it: you do not need any pre-existing code in order to
re-write a (similar) program from scratch, but that does *not*
mean that the source for the original program is an empty file!

Usual disclaimers: IANAL, TINLA, IANADD, TINASOTODP.


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