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Dear James,

I am intrigued by your extreme, personal tale of infringement.  Is there
any way I could see your original and the product that stole it?

cheers,
barrett

barrett klein
Department of Biology
University of Wisconsin - La Crosse
1725 State Street, La Crosse, WI
www.pupating.org

On Fri, Oct 2, 2015 at 9:26 PM, James A. Perkins <[log in to unmask]> wrote:

> For decades, many art schools taught their students that there was a magic
> formula, some percentage by which you could modify an existing piece of
> artwork to make it your own and avoid copyright infringement.
>
> Unfortunately there is no such formula or percentage. If you think about
> it, there's no way that such a formula could exist. What does it even mean
> to say that an image has been changed by X percent? If I redraw half of
> someone else's image, but leave the other half exactly the same, is that a
> 50% change? If I take a digital image into Photoshop and change the colors
> using Hue/Saturation, I can change the color of every pixel in the image,
> even though the image looks basically the same. Is this a 100% change since
> the value of every pixel has changed? (Side note - an infringer did
> exactly that to one of my illustrations and claimed it as his own). There
> simply is no way to define what is meant by changing an existing image by a
> certain percentage.
>
> So how do you know if a new image infringes an existing image? There is
> one fairly simple criterion you can use. If you can tell that the new image
> was derived/redrawn from an existing image, it's infringement. In order to
> avoid infringement, the new image must be created entirely from scratch and
> there should be a paper trail (background research, other references,
> sketches) to prove it. You can never simply redraw an existing image and
> claim the new image as your own. You must create something original. You
> may use the existing image as a reference, but it should never be the ONLY
> reference.
>
> Jim
>
>
> James A. Perkins, MFA, CMI, FAMI
> Professor and Graduate Director
> Medical Illlustration
> Rochester Institute of Technology
>
> Sent from my iPad
>
> On Oct 2, 2015, at 5:58 PM, Jorge A. Santiago-Blay <[log in to unmask]>
> wrote:
>
> Dear Entomo-Listers
>
> When authors send me papers for publication, I try to remember to remind
> them to ask permission to reproduce images from the owner of the copyright.
> Whether non-human or human entities, an email is generally all it takes to
> say "yes". Yet, sometimes money needs to be transacted or the reply is "no"
> or no reply at all is available.
>
> My question is, if one cannot get permission, how different does the new
> image have to be to be considered as "different" from the previously
> published one and be free from the concerns of copyright violations.
>
> Your anecdotes (whether personal or from someone else) as well as
> constructive suggestions,will be welcomed. Please send them directly to me
> at:
>
> [log in to unmask]
>
> Apologies for potential duplicate emails.
>
> Sincerely,
>
> Jorge
>
> Jorge A. Santiago-Blay, PhD
> blaypublishers.com
>
> 1. Positive experiences for authors of papers published in *LEB*
> http://blaypublishers.com/testimonials/
>
> 2. Free examples of papers published in *LEB*:
> http://blaypublishers.com/category/previous-issues/.
>
> 3. *Guidelines for Authors* and page charges of *LEB*:
> http://blaypublishers.com/archives/ *.*
>
> 4. Want to subscribe to *LEB*? http://blaypublishers.com/subscriptions/
>
>
> http://blayjorge.wordpress.com/
> http://paleobiology.si.edu/staff/individuals/santiagoblay.cfm
>
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