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Re: Hmm an interested argument/theory/pov? (Thu May 16 22:50:42 2002 )
Kitt - nli @ work [View profile ]
http://www.stargarde.com
stargarde@stargarde.com

I don't normally post in the potentially 
controversial threads, but I have a "real world" 
parallel I'd like to toss into the mix.

Everything is simply my point of view.  In no way 
am I a lawyer or other expert who might actually 
know the legal reality of this issue!

If you were to go to an art gallery that displayed 
art for sale and you had a camera, they would not 
let you in.  

Yes, scans of cels are available on eBay.  
Sometimes if it's a cel I like, I'll take a copy 
as a reminder so I can keep it in mind for a 
future cel purchase.  I wouldn't post such an 
image on my website though.  That would be like 
posting photographs of art taken at a gallery, 
which I believe is recognized as a form of image 
theft.

Given that displaying scans of cels that one 
legitimately owns is a grey area anyway (the 
rights to the image itself do not convey with the 
physical cel.  My gallery could be closed down at 
any time if I receive an email asking me to do so 
from any of the companies or people who do own 
those rights.  If I knew who to ask for formal 
permission to post scans of cels I own, and I 
could make my request clear through the language 
barrier, I would very much do so!)

I dearly love CLAMP's artwork.  But they have 
asked their fans to not post their artwork on the 
web.  As fascinating as it would be to compare and 
contrast the art of Card Captor Sakura as seen in 
the original CLAMP manga to the images of the 
anime, out of respect for their request, I will 
never do so.  I hope (treading the thinnest of 
lines here) that the anime images as seen in 
individual cels are not viewed as original CLAMP 
artwork, so that I may continue to share my cel 
gallery on-line.

So, my thoughts in a nutshell on the issue of this 
thread:  I am the lowest man on the totem pole of 
ownership when I buy a cel.  But I may have some 
portion of the rights that come with that cel.  
The person who has taken an image from a webpage, 
but does not own either the intangible rights to 
the image or the physical cel itself, has no right 
to post an image unless given permission by 
someone who has some legitimate right of 
ownership.

Just my humble thoughts on the matter.



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