Re:Ask HN: Finding the Australian Aboriginal flag in all art...
by thomasfromcdnjs on Monday August 17, 2020 @11:35AM
(#24188223)
Here is a decent summary of the ongoing copyright debate -> https://theconversation.com/explainer-our-copyright-laws-and...
Re:Ask HN: Finding the Australian Aboriginal flag in all art...
by pueblito on Monday August 17, 2020 @11:51AM
(#24188373)
From that link, "Thomas was successful in establishing his claim to authorship before the Federal Court in 1997."
IANAL, but I believe you're 23 years too late
Re:Ask HN: Finding the Australian Aboriginal flag in all art...
by pbhjpbhj on Monday August 17, 2020 @01:07PM
(#24189206)
Authorship isn't sufficient for ownership of copyright.
Trademark is probably the issue that's most pertinent. Even if the flag weren't a work owned by Thomas, for copyright purposes, then it seems it's their trademark (registered or established by use).
IANAL
If I draw one on a piece of paper and hang it from my balcony, where do I stand under this licensing?
And if I sell that on Etsy, or maybe a landscape that has an element in the background where this flag can be seen?
(I am an Australian, but not indigenous)