Re: copyright/ plastic surgeon

On Thu, 29 May 1997, Robert A. Baron <rabaron[_at_]pipeline.com> wrote:
>
> Ovid tells us that Pygmalion created a statue of a woman so beautiful
> that he prayed to Athena to bring it to life, which she did. [cf. "My
> Fair Lady"]
>
> Applying the issue being discussed in the Plastic Surgeon thread to
> the above, we'd accept that Pygmalion holds the copyright to his
> sculpture (the model for the final product). Does he accordingly
> hold the copyright to his creation-come-alive? Or is the live version
> a derivative work owned by Athena?

If Athena produced the derivative work without authorization, that would be infringing, preventing her from claiming copyright on the derivative work under section 103(a).

Of course, under _Seminole Tribe,_ Athena would probably have immunity from suit by Pygmalion for the infringement -- but that still wouldn't allow her to claim her own copyright.

> Is there a statement somewhere in the accepted or apocryphal writings
> of anyone's creation story that states that "God made Man in His image,
> in which he claims copyright for 50 years after His death?" <g>

Not that I'm aware of. However, there is a shrinkwrap license in Revelation 22:18-19 that prohibits preparation of derivative works.

--
Terry Carroll       | "The invention provides means for continuously
Santa Clara, CA     | trapping sparrows and supplying a cat and 
carroll[_at_]tjc.com     | neighborhood cats with a supply of sparrows."
Modell delenda est  |                - U.S. Patent no. 4,150,505