Quote:
Originally Posted by starrigger
I would restate the second example this way: you have taken a photo of my painting, which I have planned to release myself as photo prints, or perhaps as a poster--and you are giving prints away from a website on which you make a profit through subscriptions or advertising. Or conceivably even a site you run for no profit.
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Quote:
Originally Posted by Sil_liS
No, this goes further away from the real case. A closer version would be: you are selling printed copies of a painting that you made; one buyer makes a high resolution scan of it and posts it somewhere; someone finds it, and because you are clearly marked as the author, tells you that there is a digital version of your work online; you decide not to spend the time on making a scan yourself, and use it.
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You're both wrong.
A closer example would be if an author used a pirated edition of his own first novel as a source file for his own legitimate ebook release (through E-reads, no less).
That's the only scenario which is fully comparable.