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From: David Wallis <wallis@surfplaza.com>
Subject: Re: QUESTION: Does ascii-art violate copywrite protection?
Date: 1996/08/21
Message-ID: <321A5892.65AE@surfplaza.com>#1/1
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sender: bertino@netcom17.netcom.com
organization: Wallis Enterprises: http://www.surfplaza.com/
newsgroups: rec.arts.ascii


Mr. Kenneth F. Klingensmith wrote:
> 
> I am interested if you have found an answer to this question, and if
> you have, I would most like you to share it with me.
> 
> I am a printer and I have been considering some of the same uses that
> you mentioned. But, I believe that with registered images it would be
> copyright infringment. This is my own thought, but I do not know the
> answer to your question.
> 
> What I am asking is - There is no trademark on Ascii Art shared in the
> channel unless it is said so, right? I also wish to know what you found
> out as an answer to your question. And if you do not mind tell me I
> would like to know where your curiousity stems from in asking that
> question... are you a graphic designer perhaps...?
> 
> Thanks in advance....
> 
> Ken Klingensmith


I must admit that I don't know the whole answer to the question, 
but I do know this much:

1) Copyright is not the same as registered trademark.

2) Copyright (in current law) does not depend upon registration
   with any government agency, or any special marking of the work
   under copyright protection. It only depends upon being able to
   prove that the owner of the work, did, in fact, create it when
   he/she claims to have done so, and that it was not derivative
   of any similar work.

3) One may make 'fair use' of a copyrighted work, but such use is 
   quite limited, and no court has yet been asked to determine if
   an ASCII version of copyrighted artwork is fair use, or under
   what circumstances. Therefore the only safe way to proceed is 
   to get permission of the copyright holder before creating an 
   ASCII version. 

If your purpose is to avoid the payment of royalties for an image by 
using a GIFTOASCII converter, you're not accomplishing anything. You are 
almost certain to be sued for infringement if you make any noticeable 
money on the project. The law will then be clarified, at YOUR expense!
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