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Snippet copyright

Snippets that I produce in LV2009 are created, at least in part, of images owned by NI.

 

Who owns the copyright on such snippets?

 

Joe Z.

 

(I'm in the US, but the question applies internationally)

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Message 1 of 15
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I think, you and only you is the owner of the intellectual property behind of the snippet.

Like a painter - when you have done nice artwork - who owns the copyright? Canvas or oil's manufacturer? No - its your artwork. The same with snippet from my point of view.

Also I think, that the snippet act as piece of the "open source" code (especially you can't protect it with password - its completely opened for all including BD and according screenshot - and its very good, IMHO).

 

Andrey.

 

Message 2 of 15
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Fuel for the fire...

 

http://en.wikipedia.org/wiki/Derivative_work

 

Oh, and how about a test case:

 

array size.png

 

Who owns that?

Message Edited by Underflow on 09-23-2009 12:02 PM
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Message 3 of 15
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Interesting point.  I am no lawyer but if you are using the image as a vehicle to communicate code which is your intellectual property that seems like a textbook case of "fair use" in my book.  If you were say, using the snippet to gain commercial value based solely on the image created by NI you may be in some trouble.  Somehow I doubt you'd be trying to sell images of their icons as "art", as beautiful as they may be.  In most cases, they are probably very happy to have their images displayed to as wide an audience as possible.

 

If it really worries you, I have taken to adding my own images to Code Snippets.

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Underflow wrote:

Fuel for the fire...

 

http://en.wikipedia.org/wiki/Derivative_work

 

Oh, and how about a test case:

 

array size.png

 

Who owns that?


Isn't it obvious? I clearly do!!! And you shall all bow down before me in tribute to my benevolent, but firm dictat.. err... highly recommended suggestions for courses of action and lines of thinking. 

 

I've got to stop watching Family Guy. That Stewie is starting to get to me. 

 

On a real note: Wouldn't the Terms of Use apply here? After all, how is a snippet any different than someone posting an image of code or an actual VI?

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Terms of use do apply on this website.  If I post the above snippet to my website (or add it to my product), what is NI's position on copyright?

 

Joe Z.

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Underflow wrote:

Terms of use do apply on this website.  If I post the above snippet to my website (or add it to my product), what is NI's position on copyright?

 

Joe Z.


I think the same as normal VIs, there is technically no real difference.

The website hosting the code-piece (in what form) should have a notion about the copyright. NI has put this in there terms of use.

 

 

Ton

Free Code Capture Tool! Version 2.1.3 with comments, web-upload, back-save and snippets!
Nederlandse LabVIEW user groep www.lvug.nl
My LabVIEW Ideas

LabVIEW, programming like it should be!
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Message 7 of 15
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I'd address your copyright questions to copyrightagent@ni.com





Copyright © 2004-2024 Christopher G. Relf. Some Rights Reserved. This posting is licensed under a Creative Commons Attribution 4.0 License.
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This is an interesting thread -- I'll attempt to answer on behalf of NI (please forgive me if I start speaking a little legalease).  If you have a more specific question or use case feel free to contact copyrightagent@ni.com.
 
Ownership and distribution of snippets is governed by the Software License Agreement (the "SLA") that accompanies LabVIEW just as any other VI you create would be.  Legally, snippets should be treated much like any other VI, since snippets include a copy of the depicted VI.  The image contained in the snippet is a derivative work of the underlying VI.  As a consequence, copyright ownership of a snippet is determined, at least in part, by the copyright ownership of the underlying VI, and use of the snippet (including distribution) is subject to the consent of the copyright owner of the underlying VI. 

For those who are really interested, a copy of the current SLA that applies to the LabVIEW software can be found here:  http://www.ni.com/legal/license/.  In particular, Section 13 of the SLA sets out certain requirements for distribution of "Authorized Applications" developed using LabVIEW.   

NI does not claim copyright ownership in the original elements created by a customer in such an application, nor does NI claim ownership over the customer's application as a whole, assuming that it constitutes an original work of authorship by that customer.  Copyright ownership in such original elements developed by a customer belong to that customer.  On the other hand, a snippet, like any VI application, includes many copyrighted and proprietary elements that were developed and are owned by NI.  For example, such elements include pre-existing nodes or wires (and the code that underlies these nodes/wires), subVIs, the appearance of displays or other user interface elements, run-time engine code, etc., as well as trademarked elements of NI such as the LabVIEW logo.  
 

Andrey Dmitriev wrote:

Like a painter - when you have done nice artwork - who owns the copyright? Canvas or oil's manufacturer? No - its your artwork. The same with snippet from my point of view. 


 

 
This analogy is close, but not exactly accurate. It is true that canvas and oil manufacturers do not own the copyright in an original oil painting made by a painter, this is due to the fact that no copyright interest exists in the underlying canvas or oils. In other words, the original oil painting is not a derivative work of the canvas or the oils. This is not quite the case in LabVIEW.  A closer analogy in this case is to an artist that uses photographs (i.e. preexisting copyrighted pieces) to make a collage.  While the artist who pieced together the collage likely has ownership over the original elements in the composition or arrangement of the collage, the original photographers retain ownership of the copyright of their photographs used in the collage.  
 
Snippets, include not only images which are derivatives of the pre-existing code, but also include the underlying code as well – with much of the code being part of the LabVIEW development software.  It is important to bear in mind that the snippet is a derivative of many preexisting works protected by copyright and other proprietary rights and that permission of the owner of such works is required with respect to use of the various pre-existing pieces that were used to create the snippet.  Permission to use, and the terms and conditions of use and distribution of, the pre-existing pieces provided by NI as part of the LabVIEW development environment are set forth in the SLA.
 
In short :- the copyright for the snippet is the same as for the VI it depicts (and contains).  This VI will contain elements owned by NI as part of LabVIEW and original elements owned by the creator of the VI.
 
Hope this helps,
 
SimonH
LabVIEW Product Manager 
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Message 9 of 15
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If I understand what you said here, NI owns the copyright on all developed code, because it includes 'pictures' developed by NI as representations on logical objects?  Excuse me, then who owns the copyright to any published book?  Websters? Oxford? (Paul snickers here)

Please clarify further, because I do not believe that my above assertation would hold up in court should someone challenge their own right to their code, given the fact that National Instruments has claimed for years that LabVIEW is a complete program development language.


Paul
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