{"id":1867,"date":"2010-11-10T17:25:27","date_gmt":"2010-11-10T22:25:27","guid":{"rendered":"http:\/\/orbittrap.ca\/?p=1867"},"modified":"2010-11-10T18:20:55","modified_gmt":"2010-11-10T23:20:55","slug":"can-you-really-copyright-an-ultra-fractal-parameter-file","status":"publish","type":"post","link":"https:\/\/orbittrap.ca\/?p=1867","title":{"rendered":"Can you really<\/i> copyright an Ultra Fractal parameter file?"},"content":{"rendered":"
\"\"

WHO TWEAKED ME!!!<\/p><\/div>\n

I’m not an Ultra Fractal user but I do follow the daily exchange of information on the Ultra Fractal mailing list<\/a>, an email group anyone can join.\u00a0 Most of the time it’s just users sharing what looks like big long paragraphs of jumbled letters and numbers.\u00a0 When opened up in Ultra Fractal the scrambled text produces an image.\u00a0 They call those pieces of text, parameter files.\u00a0 I just skip over them since, like I said, I’m not actually a UF user, just a curious bystander.<\/p>\n

The actual parameter code contained in the emails mean nothing to me and probably can’t be deciphered even by an expert, but there is one little bit that I often see in them that I understand quite well and is intended to be read by everyone who looks at it –a copyright notice.\u00a0 Up until recently I never thought anything of those copyright notices but after giving myself an award winning internet education on copyright, I’ve begun to feel that those copyright notices on UF parameter files are …a little weird<\/em>.<\/p>\n

Why weird?\u00a0 Because indecipherable text is not the type of thing that most people would think of as even qualifying for copyright protection.\u00a0 The US Copyright Office<\/a> says this about what kinds of things can be copyrighted:<\/p>\n

\n

\u00a7 102. Subject matter of copyright: In general28<\/sup><\/h2>\n

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:<\/p>\n

(1) literary works;<\/p>\n

(2) musical works, including any accompanying words;<\/p>\n

(3) dramatic works, including any accompanying music;<\/p>\n

(4) pantomimes and choreographic works;<\/p>\n

(5) pictorial, graphic, and sculptural works;<\/p>\n

(6) motion pictures and other audiovisual works;<\/p>\n

(7) sound recordings; and<\/p>\n

(8) architectural works.<\/p>\n

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.<\/p><\/blockquote>\n

Here’s an example of what a UF parameter file looks like:<\/p>\n

\"\"

An example of what a UF parameter file looks like<\/p><\/div>\n

Now ask yourself: In which of the eight categories listed by the US Copyright Office would you put the above UF parameter file?<\/p>\n

None, of course.\u00a0 It doesn’t fall under any of the categories, although “(5) pictorial, graphic, and sculptural works;” <\/em>is probably where most Ultrafractalists would say it fits.<\/p>\n

But I don’t think that’s right.\u00a0 The reason it’s not a graphic work is because it’s not a picture of anything, it’s a text file.\u00a0 Of course it will create an image once it’s opened up in UF and that image<\/em> would qualify as something that can be copyrighted, but the parameter file itself is really just a set of instructions or method of operation<\/em> to make the program draw the image.\u00a0 It’s not a piece of literature or a poem or even a news story, it’s just a set of written instructions or what would be better described as a procedure<\/em> or algorithm.<\/p>\n

If you look at the last paragraph it says, “(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure … method of operation … or discovery, regardless of the form in which it is described…”<\/em>
\n<\/em><\/p>\n

I think a parameter file is a “procedure” and although it comes in the form of a text file just like a piece of writing would, it’s still a procedure and not a really far-out, avant-garde poem or other kind of textual work that can be copyrighted.<\/p>\n

Now the US Copyright Office says, “Works of authorship include the following categories:”<\/em>.\u00a0 They aren’t limiting the coverage of copyright to just those eight.\u00a0 There could be others, I suppose, that they haven’t included.\u00a0 Would you expect the US Copyright Office to have considered or even known about fractal parameter files?\u00a0 The wording is vague and open-ended because human expression comes in so many forms and formats.\u00a0 So maybe another category could be added or proposed and it would be suitable for parameter files and other, “original works of authorship”<\/em>?\u00a0 But are UF parameter files “original works of authorship”<\/em>?<\/p>\n

Sure, they are.\u00a0 But if they’re procedures or processes or methods of operation, then they are clearly excluded<\/em> from copyright protection.\u00a0 That’s because those sorts of things are covered by patent law and not copyright law.\u00a0 UF parameter files look more like algorithms than the sort of “works of original authorship”<\/em> that are covered by copyright.<\/p>\n

Algorithms, even computer algorithms, can be patented.\u00a0 Not in all countries, but they can be in the U.S.\u00a0 The GIF file format contains a patented algorithm, the LZW compression algorithm.\u00a0 Unisys caused a great deal of anxiety among software developers some time back when it acquired ownership of the LZW algorithm and was going to require everyone to buy a license to use GIFs.\u00a0 But getting a patent is different from getting a copyright.\u00a0 Copyright is something that occurs automatically today, but patents require formal registration with the Patent Office.\u00a0 You can’t just slap a “Patented” label on a parameter file like you can with those, one size fits all, anywhere-anytime, 24\/7, copyright notices.<\/p>\n

If I’m right that UF parameter files can’t be copyrighted, then there are some ramifications to that.\u00a0 For one, there would be no restrictions on copying or publishing UF parameter files.\u00a0 That means anyone wanting to set up a repository of parameter files could do so without worrying that they are infringing anyone’s copyright —there would be no copyright.<\/em> Those notices would just be mistakes written by parameter file authors who have misunderstood what copyright really is.<\/p>\n

I don’t expect those notices to go away anytime soon though.\u00a0 In the words of Colonel Kilgore: <\/em><\/p>\n

\"\"

"I love the smell of copyright on my parameter files. Smells like --Victory"<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

I’m not an Ultra Fractal user but I do follow the daily exchange of information on the Ultra Fractal mailing list. Up until recently I never thought anything of those copyright notices, but after giving myself an award winning internet education on copyright, I’ve begun to feel that those copyright notices on UF parameter files are …a little weird. Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":1869,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1867","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/orbittrap.ca\/wp-content\/uploads\/2010\/11\/sample-UF-parameter-file.png?fit=558%2C345&ssl=1","jetpack-related-posts":[{"id":1897,"url":"https:\/\/orbittrap.ca\/?p=1897","url_meta":{"origin":1867,"position":0},"title":"Why Image files are very different than Parameter files: Derivative Works!","author":"Tim","date":"16 November, 2010","format":false,"excerpt":"A UPR is probably something that can be copyrighted because it's really no different than a computer script. And computer software can be copyrighted... so is that the end of it? But what if someone changes something in your parameter file just a little bit? What if I take a\u2026","rel":"","context":"With 4 comments","block_context":{"text":"With 4 comments","link":"https:\/\/orbittrap.ca\/?p=1897#comments"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/orbittrap.ca\/wp-content\/uploads\/2010\/11\/param3-11.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":406,"url":"https:\/\/orbittrap.ca\/?p=406","url_meta":{"origin":1867,"position":1},"title":"Fractal Art, Phase Two","author":"Tim","date":"3 September, 2009","format":false,"excerpt":"What? You didn't know even know there was a Phase One? Well, let me begin there, then. At the dawn of fractal art.Phase One, the first stage of fractal art, has been oriented around software. The big developments in fractal art came from developments in the software that made it.\u2026","rel":"","context":"With 3 comments","block_context":{"text":"With 3 comments","link":"https:\/\/orbittrap.ca\/?p=406#comments"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/ambaka.com\/blog\/25\/phase2.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":365,"url":"https:\/\/orbittrap.ca\/?p=365","url_meta":{"origin":1867,"position":2},"title":"Sterling-Worlds – Interactive Fractal Art","author":"Tim","date":"18 February, 2009","format":false,"excerpt":"Climb the mountain, explore the caves, or check out the little islands off shore... Just load the parameter file (shellcity02.loo) into Sterling2 and this whole little world is yours.Fractals are a unique form of artistic imagery.\u00a0 They are more like sculptures and dioramas than the flat, static paintings they are\u2026","rel":"","context":"With 1 comment","block_context":{"text":"With 1 comment","link":"https:\/\/orbittrap.ca\/?p=365#comments"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":267,"url":"https:\/\/orbittrap.ca\/?p=267","url_meta":{"origin":1867,"position":3},"title":"Beware of the Anti-Fractal","author":"Tim","date":"26 January, 2008","format":false,"excerpt":"I know this will probably crack some folks up at first, but bear with me as I tell you about something that came to mind just recently while browsing the big page of \"winners\" at the 2007 Benoit Mandelbrot Fractal Art Contest site.First, let me draw your attention to the\u2026","rel":"","context":"With 9 comments","block_context":{"text":"With 9 comments","link":"https:\/\/orbittrap.ca\/?p=267#comments"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2863,"url":"https:\/\/orbittrap.ca\/?p=2863","url_meta":{"origin":1867,"position":4},"title":"Rebooting Fractal Art: Part 4","author":"Tim","date":"11 August, 2011","format":false,"excerpt":"Pixel Art vs. Parameter Art In my preceding three parts I have dealt with what I see are the limitations of fractals for making artwork.\u00a0 To put it simply, the geometric imagery called \"fractals\" has a natural bent towards the decorative and design type of art work.\u00a0 Artists who attempt\u2026","rel":"","context":"With 2 comments","block_context":{"text":"With 2 comments","link":"https:\/\/orbittrap.ca\/?p=2863#comments"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":341,"url":"https:\/\/orbittrap.ca\/?p=341","url_meta":{"origin":1867,"position":5},"title":"Does Jos Leys Have Super-Powers?","author":"Tim","date":"28 August, 2008","format":false,"excerpt":"It was a dark and stormy night. Inside the castle, the notorious Dr. Leys was busy working away in his laboratory. Either by serendipitous discovery, maniacal experimentation, or exhaustion brought on by long bouts of feverish fractal rendering -- an Ultra Fractal parameter file fell into the POV-Ray Raytracing program\u2026","rel":"","context":"With 1 comment","block_context":{"text":"With 1 comment","link":"https:\/\/orbittrap.ca\/?p=341#comments"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/posts\/1867","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1867"}],"version-history":[{"count":9,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/posts\/1867\/revisions"}],"predecessor-version":[{"id":1878,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/posts\/1867\/revisions\/1878"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=\/wp\/v2\/media\/1869"}],"wp:attachment":[{"href":"https:\/\/orbittrap.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1867"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/orbittrap.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}