Discussion:
What is the name of your state? New Jersey
So here's my predicament...
I run a personal website for entertainment purposes only. I do not charge for any of the information or images that I present on the site. It's a free forum of science fiction (specifically Star Trek) for any and all to enjoy.
My question is based on a rather demanding letter I just received from the illustrator of some technical drawings that I posted on my site.
First, I should point out that full credit was given to the illustrator when I displayed the images and in no way did I try to mask them from their rightful owner or pass them off as my own original works.
The illustrator claims that he has full copyright protection on his drawings and that I can not reproduce/display them without his consent (which he is not willing to grant, despite my request of him to do so).
However his drawings are based on "items" that Paramount owns the rights to - not he. Specifically, he made technical drawings of some starships that have appeared on film and television.
Can someone claim a copyright on a technical drawing of an item that is already protected under the copyright laws?
Clearly, these are his works of art, and I will honor his request to remove them from my site, but I question whether he has a legal leg to stand on since his works seem to infringe on pre-existing copyright laws to begin with.
Any clarification on this matter would be appreciated.
Thank you.
Answer:
I run a personal website for entertainment purposes only. I do not charge for any of the information or images that I present on the site. It's a free forum of science fiction (specifically Star Trek) for any and all to enjoy. Just FYI, the fact that you are offering stuff for free, or for entertainment purposes only, does not mean that copyright infringement is not occuring.
First, I should point out that full credit was given to the illustrator when I displayed the images and in no way did I try to mask them from their rightful owner or pass them off as my own original works. The fact that you have given proper credit is irrelevant -- you need the copyright owner's permission to display or use their works.
The illustrator claims that he has full copyright protection on his drawings and that I can not reproduce/display them without his consent (which he is not willing to grant, despite my request of him to do so). He doesn't have to give you permission if he doesn't want to.
However his drawings are based on "items" that Paramount owns the rights to - not he. Specifically, he made technical drawings of some starships that have appeared on film and television.
Can someone claim a copyright on a technical drawing of an item that is already protected under the copyright laws? Absolutely. If I do a sketch of say, an X-wing fighter, that sketch is my creation, and therefore I am entitled to a copyright on my creative work. However, I may have trouble selling the sketch later, due to copyright or trademark issues, and I certainly can't keep anyone else from sketching an X-wing. But I can keep anyone else from using MY sketch without permission, at least in principle.
Clearly, these are his works of art, and I will honor his request to remove them from my site, but I question whether he has a legal leg to stand on since his works seem to infringe on pre-existing copyright laws to begin with. He does have a legal leg to stand on.