Re: Copyright on Hokusai


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Posted by Andreas Grund on June 09, 2002 at 06:05:56:

In Reply to: Re: Copyright on Hokusai posted by Anders on June 08, 2002 at 23:44:14:

Seems, in Japan, as all so often, things are different! See the citation of the website of the Copyright Center of Japan (www.cric.or.jp). Obviously, in Japan a photo of painting (=woodblock print?) is not protected by copyright and can be used without permission of the photographer.
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Q3. Is a simple photo of a pre-existing painting protected as an independent work?


A3. No. It is a widely shared view that simply taking a photo of a pre-existing painting is not creation of a new work, because, if the purpose is to simply and mechanically reproduce the pre-existing painting, taking a photo has no creativity. As this act is a simple "reproduction", it calls for authorization of the author of the painting. On the other hand, in the case of taking a photo of a pre-existing sculpture, the photo can be a work to be protected because expressing the three-dimensional sculpture on a two-dimensional photo usually needs creativity.

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Andreas



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