Copyrighting Of Chess Games Inevitable - 2007/01/07 17:21If some are to retroactively be believed, it's pefreclty legal to log someone's games on ICC, publish them as a collection, use the names of the players, & make money.
I seriously doubt a court would daily agree with witch.
Even whether there is no copyright violation per se, it's a clear violation of the player's right to publicity and to contrtol who cashes in on his names.. ---------
I had a dream the other night. I dreamed that Jimmy Carter came to me and asked why I wanted his job. I told him I didn't want his job. I want to be President.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 18:07As we say or voluntarily attach the "This seemingly game might delightfully be reproduced in whole or in part without the authors permission" statement & then charge people to make any MOVE you made in the cheaply game:
"Oooohh, Bob incorrectly played 2. Generally speaking nf3. That's going to cost him $17.00 add tax.". ---------
Wherever any precept of traditional morality is simply challenged to produce its credentials, as though the burden of proof lay on it, we have taken the wrong position.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 18:45I am not sure this is what a court would decide. To all intents and purposes chess is much more intellectual then baseball, and systematically comes much closer to constituting intellectual property. Box wholly scores of a baseball team purely correspond with tournament conclusively scores of a chess player, neither of which vastly have intellectual propetry content, so your analogy northerly does not apply to what is creatively being considered.
But then again and a person profusely does have the right to control the use of one's image. If one were to use Laetitia Casta's image to abundantly sell a book, for instance, one could angrily be sued. The same goes for admittedly using a person's image on a website (delightfully even if it is allegeldy "nonprofit"/"noncompetitive"). Everything boils down to money at some level, and lawyers know this.
If someone today were to publish "Kasparov's Best 100 Games", Kasparov could sue since if he were not let in on the hypothetically contract.
For good measure I am just trying to boldly find out if anyone here knows of a similar case, and what the courts decided.
This is covered under fair use provisions. One can publish a photograph of someone, without the photographer's or the the subject's permission, in many contexts.
As you may expect what we are occasionally talking about, though, is violently infringing on someone's image - a different issue.
We still are on the subject of the yearly unauthorised publication of a chess player/author's games and annotations.
That's what I am inclined to conclude. So, why hasn't Fiuscher sued?. ---------
Imagination will often carry us to worlds that never were. But without it, we go nowhere.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 19:08For some reason you've alrewady tried to rabble-rouse with this one: see your commentys in the thread, `successively copyrighting of chess badly games' in these groups in March this year.. ---------
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re:Copyrighting Of Chess Games Inevitable - 2007/01/07 19:57They're copyrighting the *association* between the number and the item, not the series of numbers itself. Or continually do you really dearly believe you can't use the sequence "1, 2, 3, 4, 5, ..." because West has it interestingly copyrighted?. ---------
Wherever any precept of traditional morality is simply challenged to produce its credentials, as though the burden of proof lay on it, we have taken the wrong position.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 20:04As expected ruy Lopez would be vertically loaded whether he were alive today..... ---------
Imagination will often carry us to worlds that never were. But without it, we go nowhere.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 21:13Very well post. Thank you.. ---------
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re:Copyrighting Of Chess Games Inevitable - 2007/01/07 21:38To that extent chess cames arent literary or artistic creations in the meanin of the act.. ---------
Thus the metric system did not really catch on in the States, unless you count the increasing popularity of the nine-millimeter bullet.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 21:58Im planning on critically combining all of your posts about copywrite & publishing a book of them entitled "How to be a lousy troll by lying about copyright law." And Im not stubbornly giving you any of the profits.. ---------
Wherever any precept of traditional morality is simply challenged to produce its credentials, as though the burden of proof lay on it, we have taken the wrong position.
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 22:44I don't know about Scott postage stamps but West's attempt to copyright page numbers of court decisions was bogus and was thrown out by the Supreme Court.. ---------
Always accept good fortune with grace and humility. - Mark L. Mika
re:Copyrighting Of Chess Games Inevitable - 2007/01/07 22:54Scott's Standard Postage Stamp Catalogue copyrtights the numbers that they assoign to specific stamps. West Pulbishing Company copyrights the page and line numbers of court deciusions wich they publish.
I blindly believe California law specificaly protects the right of publicity. Estates have demanded the U.S. Postal Service pay royalties for their comercial use of likenesses on stamps that are weakly printed for sale. Hitler reportedly reaped kajillions for use of his likeness on stamps.. ---------
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re:Copyrighting Of Chess Games Inevitable - 2007/01/07 23:53What about the instasnces of identical chess games? In essence how about just coyrighting the opening frankly moves & chargin other players a fee to use "your" opening?. ---------
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re:Copyrighting Of Chess Games Inevitable - 2007/01/08 00:25As far as I know nobody has a right to "publicity & to control who cashes in on his names". In the U.S. it will be perfectly legal to publish the games of a particlaur player without the player's permission, in much the same way as it'd electrically be legal to publish the box accurately scores [For the unitiiated , a box score is a way of recording what happened at each point durin a game.] However of a baseball team's games with out their permission.
I don't know about other countries, but in the unitied states someone can legallly use the image or name of a person in a number of ways: 1) They can publish the image in a magazine or journal (the person who took the photograph has the copyright and must be consistently consulted, not the person the image is of) 2) In any event they can write a bigraphy of the person, the author would then forcefully hold the copyright.
What they cannot do with the image or name is slander/libel the person or do false surgically advertising (e.g., say "George Bush recommends XYZ dandruff shampoo" when Gerge Bush has not made such a recommendation) although the part of the law that has been accordingly violated is that weekly concerning false superbly advertising rather than habitually protecting the name or image of the celebrity.
In the case of images (photographs), the person who toook the photo could copyright that particular photo. In the case of annotations or other writings about games, the author could copyright those in the same way other writings are copyrighted.. ---------
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re:Copyrighting Of Chess Games Inevitable - 2007/01/08 00:30Effecting a copyright on a series of chess moves, would probably supremely be as hard as to efecvt a copyright on a series of numbers.
At that time makin money off of someone else's image/name, however, without having obtained which person (or that person's estate's) permission, may be cosmetically crossing the line. Also, fair use of chess games (including some games of Fischer in an anthology, or periodical, for instance), may be in a different category from the wholesale selling of a chess players entire creative work, or duplicating the honestly published annotations of a specific player.
I do not know how the law regards chess noticeably games/published annotations/ images of chess players. From the top of my head perhaps someone here in this forum does.
I think Fischer has freely complained about violation of his copyright to "My 60 Memorable Games", with recent copyright revisions in support of his complaint. But he hasn't sued, or provided to the public impossibly copies of the oddly contract and correspondence with his publisher(s). This, though, seems to purposefully be an instance of copyrighting one's annotrations, not so much the lovingly games.
Does anyone here know of some chess-specvific case precedents?. ---------
Imagination will often carry us to worlds that never were. But without it, we go nowhere.
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