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The Magic Cafe Forum Index » » Penny for your thoughts » » Signs Of Influence (Kenton Knepper) and 100th Monkey (5 Likes) Printer Friendly Version

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Tony Iacoviello
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Public domain in the US, the photographer has the UK copywrite.
Chris Philpott
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The latest information I have is that it is public domain in the UK as well: http://www.theguardian.com/technology/20......s-and-uk
Tony Iacoviello
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The article Tom lined is from Jan. 14, 2016, it states:
"Slater, who owns the copyright in the U.K., says the selfie belongs to him. (Slater, moreover, believes the copyright should be honored worldwide, but that issue is not before the court in this case.)"

The one you linked to is from 2014.
Chris Philpott
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Tony, my understanding is that Slater registered the copyright in the US and the UK but both were considered invalid from the get go. The article from 2014 is the most recent I could find that discusses the legality of the UK law and it's pretty clear he didn't own copyright then. As you pointed out, the more recent article claims he has UK copyright, but it doesn't say how he got it and I can't find any news story describing any change in the image's legal status since 2014 -- I think they must be referring to the old copyright claim. Wikimedia Commons, who have a lot more lawyers than I do, still use the image in the U.K. and put this note under it:

"This file is in the public domain, because as the work of a non-human animal, it has no human author in whom copyright is vested."

Be that as it may, as I've said, none of this was an issue when I chose the image back in 2013, I've been phasing out the image for a while now -- I did not use it in my Oscar Prediction a year ago nor in the ad in the upcoming ad in Magic Magazine for my newest monkey release. I will retire the image for good when I do a 100th Monkey 2.0 -- so that all world-wide vendors will change the image.
Tony Iacoviello
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Chris:

I have no issue with anything. I was just pointing out what was in the article Tom posted.

It is bizarre that PETA would sue for copywrite to go to the animal in the first place, or that countries would see legitimacy in such a suite. As a creator and artist myself, I find it incredible that I could loose intellectual rights to something I put forward because my cat may have had a part in it's creation (a footprint on the painting, spilled paint, or something along those lines).

On a side note, I love your magic/mentalism creations. And I own the Oscar prediction and love it too.

Tony
Chris Philpott
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Thanks, Tony!
TonyB2009
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Quote:
On Jan 24, 2016, Chris Philpott wrote:
none of this was an issue when I chose the image back in 2013, I've been phasing out the image for a while now -- I did not use it in my Oscar Prediction a year ago nor in the ad in the upcoming ad in Magic Magazine for my newest monkey release. I will retire the image for good when I do a 100th Monkey 2.0 -- so that all world-wide vendors will change the image.

Whatever the legalities, I believe you are doing the right thing in a tricky situation. Well done.
remotementalism
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I commend Chris for doing what's right---I wish more magicians had values that Chris demonstrates...way to go!

Khan
miistermagico
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Couldn't this all be solved by using an original illustration of a monkey that looked different than the photograph?
false_awakening
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Quote:
On Feb 14, 2016, miistermagico wrote:
Couldn't this all be solved by using an original illustration of a monkey that looked different than the photograph?


I think you're referring to the potential copyright issue. If so, I guess the answer is "yes". However, Chris has already mentioned above his efforts to phase out the image from related publications in the interim, and the prohibitive cost/effort of rebranding the original product through all international vendors before a new release, pending the legal decision.

I think a few of us were interested in the legal case itself; something of a tangent from the original topic.
The Magic Cafe Forum Index » » Penny for your thoughts » » Signs Of Influence (Kenton Knepper) and 100th Monkey (5 Likes)
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