There is similar controversy about the Bisexual pride flag
( https://en.wikipedia.org/wiki/Bisexual_pride_flag#Licensing_... )
Ask HN: Finding the Australian Aboriginal flag in all artworks
31–40 of 71 posts
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#32This flag design would not be eligible for copyright in most countries, as it is just geometric designs and doesn't meet the threshold of creativity. For instance the Tommy Hilfiger flag has been denied copyright protection, it is of similar complexity. Has the original copyright ever been tested in court over the threshold of creativity?
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#33Earlier quoted context omitted.
Like the 'happy birthday' song, if it is not already copyrighted .... and who would copyright their national flag.
Happy birthday is now public domain https://en.m.wikipedia.org/wiki/Happy_Birthday_to_You
Well, technically, the claim was never valid, but I guess it was easier to avoid the song or pay up than it was to take it to court.
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#34I am not an ML expert, so I cannot respond myself, but I am disappointed at how few responses address the ML aspect of the question.
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#35This flag design would not be eligible for copyright in most countries, as it is just geometric designs and doesn't meet the threshold of creativity. For instance the Tommy Hilfiger flag has been denied copyright protection, it is of similar complexity. Has the original copyright ever been tested in court over the threshold of creativity?
In fact even the current American Airlines logo was twice denied protection for not meeting the threshold of creativity -- before eventually being approved in 2018. [1] The bar is pretty high.
[1] https://www.latimes.com/business/la-fi-travel-briefcase-amer...
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#36Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#37My two cents: get another flag. It's not even a design that signals Australian Aboriginal imo tbh, it looks Japanese if anything.
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#38my startup tracks and finds items in videos. I'm sure I can spin up a new model for you. my email is in my profile
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#39I am not an ML expert, so I cannot respond myself, but I am disappointed at how few responses address the ML aspect of the question.
You're disappointed that a bunch of "ML experts" were not monitoring HN, in real-time, just waiting for posts like this so that they could drop whatever they were doing and immediately respond with a solution to this "problem" -- in detail, with the use of ML -- on a Monday morning, within roughly an hour or so after the question was initially asked?
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To make up for this unimaginable transgression that you have been subjected to, I hereby demand that HN/YC immediately provide you with a sincere, heartfelt, and public apology and a signed and notarized guarantee that they have repented for their sins and pinky swear that such an incident will never ever ever happen again.
They must do this immediately after they fully refund you every single penny you have ever paid them (in this life as well as any past ones) and, in order to prove they are taking this issue seriously, all of this MUST happen before I click the "add comment" button in about two seconds from now ...
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UPDATE: dang, I am very disappointed in the lack of attention to this matter by HN/YC and you, in particular. It's been 25 minutes since I posted this comment, yet this absolutely unbelievable occurrence should have been resolved before SubiculumCode became "disappointed"!
Re: Ask HN: Finding the Australian Aboriginal flag in all artworks
#40Earlier quoted context omitted.
pre-existing is the keyword there, I believe. You can't claim copyright on something you copied, you have to be the original creator.
> You can't claim copyright on something you copied, you have to be the original creator. Depending on jurisdiction and when copyright was claimed (laws change) that is not necessarily true. In USA use to be first to file was awarded the copyright. Also in USA, for instance, copyright is granted for collections, organizations, arrangements or compositions of pre-existing things. Such a photographer can claim copyrigh…
You're mixing up patents with copyright. First-to-file is an element of patent law, where priority is given to the first person to file the patent as opposed to the prior version in the US law (first-to-invent) where priority would be given to someone who demonstrated that they invented it first.
The actual law for the US (17 USC §201 (a)):
> Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.
You cannot own copyright on a work that you have not authored, unless it has been (lawfully) transferred to you.
Incidentally, this is basically the core of the "Happy Birthday" copyright dispute: it was never established that the Hill sisters authored the lyrics, so they never had a copyright interest in it.