ah, now that is an ugly point you have gone after there irthos,
i think it was kid rock who said 'anyone can play music, im in it for the bitchs' or something like that.
aspiring musicians will historically do about anything to get heard... that usually changes once they become successful.
i know its not 100% true, but its true enough..
one could argue that any form of art is public domain. im not arguing it, but it could be done..
i try to stay away from the specific subject of arts... and try to be more general.
another poorly written example...
bob makes cars...
nice cars,
phil loves bobs design.
phil is a master craftsman... he buys one of bobs most elegantly designed cars. he takes it apart and hand crafts / molds all the pieces to reproduce bobs design..
phil is abit ocd, he makes 100 of every part in the car...
he assembles the pieces paints them uses the legal methods of obtaining proper title and registration for the cars.. he then gives all but the original away to his friends and family as xmas gifts...
again, perfectly legal... no theft, no infringement, and no boats...
if any of these scenarios were in fact infringing or theft or had boats... then simply reading your kids to sleep at night from a copyrighted book would be a crime as well, so would a public reading at a library as many are prone to do... or tuning your radio to the proper station when you pass by a drive in movie.. or simply singing along with the radio where other people may here you.
sometimes, a producer of copyrighted material precedes their material with a notice of copyright and consent is required to continue.. the nfl and mlb do this... "may not be reproduced in any form with out written consent from" this covers a lot of legal ground.. but if you tune into the 'big game' on the radio after it has started and miss the legal prep then you have not agreed to their terms, you were not presented with the terms and so could not agree to them... this reproduction they bar includes simply verbally communicating the events of the material to another person.. you cannot legal tell your buddy about the amazing play that was made in the game with out express written consent... and you cant watch the game at a bar unless the bar pays a fee to the owners..
game console makers use a similar approach.. but are better about it... you typically cant turn on a game device with out being presented with the copyright notice... (although a blind person could wreak havoc) the manufactures even restrict the people who want to make software for their systems.. you have to pay a development fee to be allowed create media for the desired machines..
now, if i buy my console from a flea market or pawn shop who have no arrangement with the makers, and i disassemble the device and alter its physical properties, and possibly its programming before i ever turn it on, then reassemble the thing and then turn it on, i can not see their notice at all.. you can do this sort of thing with all types of devices... dvd players, cars, watches.. all legal.
you own it, you have no agreement with the original maker, you can put a chevy engine in a ford and ford has no recourse.. it none of their business. its also none of bobs buisness what phil does with his _________ as long as phil dosnt sell it as if it were his original or as one of bob's originals.