Reply to thread

Message

<blockquote data-quote="Jfdlsjfd" data-source="post: 9581328" data-attributes="member: 42856">They hold the IP rights because they bought them, not because they are the author. But the point can be made that the IP right belong in the first place to the one doing the creative effort, which can be either the person who draw or the person who design in his head the artwork. That jurisdiction have been differing on the solution to this debate (either the copyright belong to the person who draw (and he can cede the right to a corporation afterwards) or it belongs to the designer, or there is a middle ground with shared IP rights in a collaborative work) illustrate that the debate on who is the artist isn't as clear cut as you said. It tend also to depend on the precision of the instruction to create the image. If there is no artistic liberty at all, the point can be made that the drawer is just drawing to spec, and has no artistic input on the result, with the designer being the author (much like a printer isn't the author of an image I create on my computer, even if there are substantial material differences between the work I created and the printed result).If I am instructed to draw four black lines, indicated which one are parallels and which are perpendicular, and told to paint a square in a specific red, another in a specific yellow, and two small ones in a specific blue,&nbsp; I don't think I am the artist, I think Piet Mondrian is and I am just holding a brush under his supervision. Same, I don't think the person physically turning the urinal upside down was the artistic author of Duchamp's Fountain. As long as the maker input is totally under the control of the designer, the latter is the artist.</blockquote>

[QUOTE="Jfdlsjfd, post: 9581328, member: 42856"] They hold the IP rights because they bought them, not because they are the author. But the point can be made that the IP right belong in the first place to the one doing the creative effort, which can be either the person who draw or the person who design in his head the artwork. That jurisdiction have been differing on the solution to this debate (either the copyright belong to the person who draw (and he can cede the right to a corporation afterwards) or it belongs to the designer, or there is a middle ground with shared IP rights in a collaborative work) illustrate that the debate on who is the artist isn't as clear cut as you said. It tend also to depend on the precision of the instruction to create the image. If there is no artistic liberty at all, the point can be made that the drawer is just drawing to spec, and has no artistic input on the result, with the designer being the author (much like a printer isn't the author of an image I create on my computer, even if there are substantial material differences between the work I created and the printed result). If I am instructed to draw four black lines, indicated which one are parallels and which are perpendicular, and told to paint a square in a specific red, another in a specific yellow, and two small ones in a specific blue, I don't think I am the artist, I think Piet Mondrian is and I am just holding a brush under his supervision. Same, I don't think the person physically turning the urinal upside down was the artistic author of Duchamp's Fountain. As long as the maker input is totally under the control of the designer, the latter is the artist. [/QUOTE]

Verification