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Earlier quoted context omitted.
Good point. I should have said--did the defense actually determine that the sculptor retained their copyright, given the work was commissioned by a casino.
That's normal for commissioned works. When you hire a contractor, by default they retain copyright over whatever they create. https://copyright.uslegal.com/copyright-ownership/commission...
So what do you exactly pay for when you license an image from Getty?
Copyright of derivative works is additive: If you want to use an interesting photo of a sculpture, you need permission from both the photographer and from the sculptor.
In this case, Getty represents the photographer, but you still need permission from the sculptor.
Getty's license claims "Who owns the content? All of the licensed content is owned by either Getty Images or its content suppliers."
That line is wrong, of course, but every license comes with a limitation of liability so you can't sue them for being wrong: "Limitation of Liability. GETTY IMAGES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF GETTY IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY."
:/
NYC owns the Statue of Liberty - maybe they should sue the sculptor for copyright claims... a virtuous circle.
The designer of the Statue of Liberty, Frédéric Bartholdi, died in 1904. The copyright has long since expired. It's public domain.
[1] https://mag.orangenius.com/how-mickey-mouse-keeps-changing-c...
Have you seen the two faces side by side? https://tribzap2it.files.wordpress.com/2011/04/lady-liberty-... I quite prefer the original myself. The post office made an aesthetic as well as legal mistake. The older Lady Liberty is not as pretty, but she's more handsome. She's less symmetrical, more craggy. Her face has seen more pain and made more hard choices. I get an impression of character that I don't get from Vega…
Yeah, how cheesy that the US (the US!) post office used a Vegas statue instead of the one on Ellis Island. What were they thinking!?
Earlier quoted context omitted.
Yeah, how cheesy that the US (the US!) post office used a Vegas statue instead of the one on Ellis Island. What were they thinking!?
Probably "This looks like the statue of liberty". Unless I saw the photos side by side, I doubt I'd notice that the Vegas one was not legit or that it looked any different from the real one.
https://en.wikipedia.org/wiki/Elvis_Presley_Forever_stamp
https://www.lasvegas-entertainment-guide.com/las-vegas-imper...
> "Davidson sued, arguing that he was owed royalties for unauthorized use of an image of his statue" Orthogonal, though can't help but wonder whether Davidson got Frédéric Auguste Bartholdi's approval before re-creating an almost identical statue.
The original was built in the 19th century. Even with all the ridiculous extensions, it surely isn't still covered by copyright.
Earlier quoted context omitted.
That's normal for commissioned works. When you hire a contractor, by default they retain copyright over whatever they create. https://copyright.uslegal.com/copyright-ownership/commission...
What about “work for hire”?
> Work made for hire and commissioned work are different from one another because work made for hire involves an employee and commissioned work is executed by an independent contractor.