Feldynn may want to hold off on posting this at the deathstar because as soon as it is it becomes part of their property. Just a thought. But I will have to agree it is one of the coolest non staged pics I have seen yet. Oh and thanks for letting me in it Feldynn.
I don't know that's all about, Copyright law does apply to these images. Feldynn is the copyright holder.
Actually PD is the copyright holder, hence the GT water mark on all pics taken.
No, PD may have copyright over the subject matter, they may believe this entitled them to copyright over any image taken within the game but that is not the case.
Copyright protection subsists, in accordance with this title, in original
works of authorship fixed in any tangible medium of expression, now known
or later developed, from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device. Works of
authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
This we all know and is how many believe that PD may hold copyright, what many do not know is:
In no case does copyright protection for an original work of authorship
extend to any idea, procedure, process, system, method of operation, concept,
principle, or discovery, regardless of the form in which it is described, explained,
illustrated, or embodied in such work.
GT's photo mode constitutes a method of operation to create a derivative work within the game. Once the image is fixed to a tangible medium of expression (I.E. thumb drive) the copyright for the individual images belong to the one who took the images, in this case Feldynn. Copyright law section 103 comes in to play here as well.
The subject matter of copyright as specified by section 102 includes compilations
and derivative works, but protection for a work employing preexisting
material in which copyright subsists does not extend to any part of the work in
which such material has been used unlawfully.
In laymans terms: For original compilations and derivative works see section 102
The copyright in a compilation or derivative work extends only to the
material contributed by the author of such work, as distinguished from the preexisting
material employed in the work, and does not imply any exclusive right
in the preexisting material. The copyright in such work is independent of, and
does not affect or enlarge the scope, duration, ownership, or subsistence of, any
copyright protection in the preexisting material.
Basically what this says, in laymans terms is copyright of a the pre existing work does not extend to individual photos created from the copyright protected work. Nor would Feldynn's copyright of a single work derived from Gran Turismo extend to GranTurismo as a whole.
There is an artist named Richard Prince who has literally made millions doing this very thing. His photographs of Marlbro advertizements for the on going series he has titled
"Cowboys" are little more than photographs of copyrighted material, and Marlbro and the photographers they hired for those photos can't touch him, they tried and lost. His image, Untitled (Cowboy) brought him over a million alone, it was the first of it's kind to bring in more than a million when it auctioned in New York in 2005, it too was taken from a copyrighted cigarette advertisement.
I haven't even gotten into sections 106 through 118 yet. Sections 106 through 118 delve into the fair use guidelines. Gran Turismo's photo mode and the fact Ployphony digital has provided us the means to fix that work to a tangible medium of expression is an unwritten authorization to produce and publish derivative works that should hold up in court, the only way it would not stand up is if you get a real dick for a judge. If yall don't believe me, take a picture on GT, print it out and send the print and a digital copy to the copyright office and try for a copyright, it'll only cost you a dollar plus shipping and handling last I checked.
Copyright law is something I had to know wile working for fanart central when I was made head of the abuse department. I had to know exactly what constituted a copyright violation as well as what was copyright applicable. The long and short of it is, saying Polyphony Digital has copyright over any and all imagery taken within Gran Turismo 5 is like trying to say Canon has copyright over 85% of my photographs and the other 15% being distributed to all other camera manufacturers including Sony.