Graeme Hawley on Friday, February 11, 2005 at 2:56 PM said:-
>
> While we're on this subject - a jolly Friday afternoon teaser:
>
> A sculptor creates a work of art.
>
> A photographer takes a picture of the sculpture and displays
> it in an exhibition of their photographic artwork.
>
> A visitor to the exhibition takes a photograph of the
> photograph, and puts it in his own exhibition.
>
> Who, if anyone, has had their intellectual property rights violated?
The different light thrown upon the original sculpture by any captured
artistic views could well produce interpretations not contained within, or
meant to be given by, the original sculpture. But they may still reflect on
the sculptor as the sculpture itself would reflect a lifetime of learning
and relearning. As such any of the original artists reactions would depend
on how the artist dealt with the new views emanating from the new artworks.
Some artists may welcome different perspectives, others may not wish be
distracted by them at the time, and having read C.Oppenheim's e-mail PS of
Friday, February 11, 2005 at 3:21 PM; some may have a financial interest in
the artwork.
Changing 'sculptor' to 'living individual', and your teaser is particularly
apt. Respecting sculpture in its many forms does however have many
differences from respecting individuals.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Graeme Hawley
> Sent: Friday, February 11, 2005 2:56 PM
> To: [log in to unmask]
> Subject: Ownership of letters
>
>
> Hello again, and thanks for all of the helpful replies. My
> understanding of this is now as follows:
>
> . My public authority holds letters, some being copies of
> letters sent to a well known public figure, some being
> letters received from that public figure. . The author of a
> letter retains their ownership and copyright of the content.
> . The recipient of the letter owns the document, in the same
> way that a person who buys a book owns the book, but not the
> copyright. . Section 50 of the Copyright, Designs and Patents
> Act allows for copyright to be suspended to allow the release
> of information under the terms of another Act of Parliament.
> . Notwithstanding the above, there is a clear Data Protection
> element involved in this request, and it is my understanding
> that a letter sent by a private individual to another private
> individual contains an implicit understanding of
> confidentiality. . Therefore, releasing the private
> correspondence of another person may breech the terms of the
> Data Protection Act.
>
> I have contacted the author of the original correspondence to
> see if they have any objection to the disclosure of the
> exchanges (content is pretty anodyne).
>
> If the person refuses to allow their correspondence to be disclosed:
> a) Am I allowed to release the letters that my public
> authority was the author of, or would this indirectly violate
> the other person's DP rights in the chain of correspondence?
> b) Can the applicant request to see the correspndance that
> took place about access to the correspondence?
>
> I'm worried that I am going to worry about this all weekend.
>
> Some interesting links regarding the ownership of letters / email:
>
> http://news.bbc.co.uk/2/hi/uk_news/magazine/3204121.stm
> http://www.duanemorris.com/articles/article1667.html
> http://www.strom.com/pubwork/iwwoe94.html
>
> While we're on this subject - a jolly Friday afternoon teaser:
>
> A sculptor creates a work of art.
>
> A photographer takes a picture of the sculpture and displays
> it in an exhibition of their photographic artwork.
>
> A visitor to the exhibition takes a photograph of the
> photograph, and puts it in his own exhibition.
>
> Who, if anyone, has had their intellectual property rights violated?
>
> Cheers,
> Graeme.
>
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