Copyright

BobN

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Anything original that you write is automatically copyrighted in the USA.

Copyright was intended to be for a limited time with limited rights as an incentive to advance the arts and sciences.

In the 1990's the law was drastically changed with the Copyright Term Extension Act.

An excellent example of the copyright issues written in comic book form can be viewed or purchased here:
http://www.law.duke.edu/cspd/comics/

There are also additional thing that muddle up the copyright issue such as the DMCA, and the up and coming ACTA.

The ACTA international agreement is being drafted in secret meetings.
http://www.techdirt.com/articles/20100111/2149377710.shtml

One thing that you can do as an artist is to publish your work with a Creative Commons license. This way, you can control what you want.
http://creativecommons.org/about/licenses/

The defender of "fair use" is the Electronic Frontier Foundation:
http://www.eff.org/
 
I thought this copyright thing was done. But, that said, I'm not sure that anything original is "automatically" copyrighted, but assuming it is, the problem is the only reason, or time it would come up was in litigation. And if that the case, it would be the originator of the case "burden of proof" that it was their original idea, and the infringement is of that original idea. So, first, you have to prove that you came up with it first via time dated documentation, electronic, or notarized and dated material. When you prove that, then you have to prove that the copy that was infringed upon is in fact your work, or a variation derived from it (like the rap sampling classic rock riffs etc. controversies years ago). that whole thing is a slippery slope, and a real PITA really. Always a very tough case unless it is very blatant.

Just sayin..
 
But, that said, I'm not sure that anything original is "automatically" copyrighted, but assuming it is,

I've already shot you down on that one, but if you won't believe me, you should probably have a look at this:
http://www.templetons.com/brad/copymyths.html

:)

On the topic of ACTA, I think it's universally evil, but I have a bias*. Countries like New Zealand and Canada have systematically beaten the living crap out of the worst of it, though the States soldiers on in trying to bring DMCA to the world, as a pre-requisite for easier trade agreements. Yes, International Copyright law has to change in order to keep up with technical innovation, ditto for Patent law, Intellectual Property law etc BUT these should be discussed SEPERATELY from trade agreements and efforts to reduce/stop counterfeiting.

*ACTA was especially evil as it supports/supported software patents, which are a threat to Open Source Software. As a career Unix/Linux Sysadmin, that's a direct threat to my livelihood, not to mention the threat to creative freedoms that the now abusive patent system has become. In the latest news, NZ has signalled that Software Patents suck and won't be allowed here :) The other bias I have is that out here in the rest of the world, we really don't want America to tell us how to run our countries. Personally I see it as "here, have a trade agreement if you'll agree to effectively destroy the freedoms that your citizens have, and you'll also allow the RIAA unrestricted access to sue your innocent computerless grandmothers for millions of dollars"... yeah, right... no thanks.

For people wanting to learn more about the evils of ACTA, look at Michael Geist's blog. He's pretty much the leading authority on the topic. For Creative Commons, look at any presentation by Larry Lessig on youtube et al.
 
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its not that I don't believe you. I just never researched it. If that is the case, that is a cool thing. I have lots of original stuff I have done I never published to protect them. So, it would seem all I needed to do is time stamp them and they will be protected...
 
To add to that this is what I meant. I used to own and operate "Advance Images" before I became disabled. We used to be a small graphics shop doing signage, and other graphic services. I was the brains & creative side of the operation, and the wife the CFO and business manager. We did very well, and I designed allot of stuff, and logos. I catered to the small business that didn't have allot of big bucks to pay sign builder, and designers. I used my skills to create eye catching logos that have done very well for them. I sold them the art, but not the "design" of a logo, or artwork to save them upfront money. But, it was agreed that Advanced Images owned the images on their signs, and they were not allowed to go anywhere else to duplicate that design. Meaning, they had to either purchase the rights to it from us, OR come to us for anything with their logo on it. It didn't mean allot, until they were established and known for that image. Then, they had to come to us for release of that image to do anything else, or other marketing with it. We closed our shop 2 years ago due to health reasons, sold our equipment, but still own much of the artwork around out area. We STILL get people coming to us to purchase an image they been using for years, or, giving permissions to another graphic shop to do work for them, and get a check from them for everything they do with my graphics on it. Not a bad thing.. People said I was nuts for not getting paid what I should for work. but, I was a service to shops that couldn't afford good eye catching artwork, AND I am still getting paid for stuff I designed years ago.. So, tell me now that was a poor business decision.. lol..

So, copyright can work for or against ya..
 
Copyright comes into being as soon as the idea has been reduced to a tangible form. Can get an injunction to stop others from using the copyrighted material, but to get damages you must have registered the copyright with the Copyright Office.
 
Copyright comes into being as soon as the idea has been reduced to a tangible form. Can get an injunction to stop others from using the copyrighted material, but to get damages you must have registered the copyright with the Copyright Office.
Yes, this is one of the clear benefits of registering your copyrighted works. It's not hard to do. I would highly recommend copyrighting any original stuff that you plan to put "out there". The US Copyright Office website has a ton of info http://www.copyright.gov/help/faq/
 
Wow guys, I didn't think my small little outburst would explode into this whole laws and layers thing. Its all OK anyway, i sent a simple letter to the owners of the website and they gave me a little credit. I was glad, but wasn't expecting it. I'm so glad some of you guys have differing opinions on the subject and helped me with my little issue. I just got to know, where did all the weird pictures come from? I was going to put this on the other thread, but you no, its closed. Thanks for all the support UU.
 
As oldrookie and others have stated, copyright and registration of copyright shouldn't be confused. Yes, copyright is automatic but registration of copyright is not. Licensing, collection of royalties, etc is a whole 'nother ball of wax.

Time stamp, mailing it to yourself, etc may make you feel better, but it is considered "poor man's copyright" and just won't do in the US courts. The FAQ provided by US Copyright Office will fill in you on the details. If you aren't officially registered, no lawyer will take your case because no court will hear your case. Other countries may be different. The chance of an infringement claims requiring monetary awards for most unsigned regular folks like me or you on UU is really remote.
 
Time stamp, mailing it to yourself, etc may make you feel better, but it is considered "poor man's copyright" and just won't do in the US courts.

As someone who is also involved in the magic world, I can write a Superbowl prediction, and mail it to someone before the game and have them watch me do it. They can initial the envelope, whatever.... When they get home, the prediction can be opened and read to be true.

That's just one way to do it. There are many more ways to modify a sealed envelope.

"Poor man's copyright" is no protection. You might fool a judge, but if a magician is in the court your case is busted.
 
This country would be great if it wasn't for the stupid lawyers.
This is a strange comment. Did you know that most of the founding fathers of this great country were lawyers?
 
And printers.. But, I understand what he is saying. Lawyers 200 years ago was a completely different mindset than the common lawyer of today.. If all lawyers today were patriots, and had the interests of the greater good in their mindset, in lue of their own greed today, this would be a much better place..
 
Notice that I said "stupid lawyers". READ: Stupid = greedy SOBs.

(Thanks for the back up on that, Tudorp.)

I'd be very surprised if George Washington would side with the lady who spilled coffee on herself at McDonalds. Or more recently, the illegal alien who sued a table saw manufacturer when he cut his fingers off by ripping a board (that's lengthwise) without a blade guard or any support/guide on the saw. (That last one bugs the hell out of me since he sued for $750,000 and was awarded close to $2 million.)

Sorry for the hijack...

Uh, copyrighting is good, but the law is bad... Yeah! Rock on!

~DB
 
Copyrights were extended in duration way earlier than the 1990s. My earliest copyrights were from about 1980 and they have been extended longer in recent years than my earliest filings. My mother was a songwriter and her filings were not as long as the current law. The last I looked copyright protection lasts 95 years beyond the death of the copyright holder, which is just plain stupid.

I highly recommend Lawrence Lessig's book, The Future of Ideas when trying to understand the arguments for and against copyright duration. The Mickey Mouse law is a bit too extreme.
 
Without an official copyright filing, the best one can typically get in court is a cease order and probably not get monetary damages.

While the US Copyright Office does say that creative works are considered copyrighted at the time of their creation, they give you five years after the date of publication to file and be given security in it.
 
Notice that I said "stupid lawyers". READ: Stupid = greedy SOBs.

(Thanks for the back up on that, Tudorp.)

I'd be very surprised if George Washington would side with the lady who spilled coffee on herself at McDonalds. Or more recently, the illegal alien who sued a table saw manufacturer when he cut his fingers off by ripping a board (that's lengthwise) without a blade guard or any support/guide on the saw. (That last one bugs the hell out of me since he sued for $750,000 and was awarded close to $2 million.)

Sorry for the hijack...

Uh, copyrighting is good, but the law is bad... Yeah! Rock on!

~DB
Yeah, this thread was highjacked, but I think it was played out anyway. What gets me are the people, and families of smokers that sue the tobacco industry because they have smoking related illnesses and/or death. No schit boneheads. If ya wanna smoke, by all means do it, but when ya get ill from it, don't whine about it. I am one fat SOB myself, and I blame myself first, and the situation 2nd. I don't blame Buger King, White Castle, or any other junk food place. If I jammed something in my mouth to make me sick, or fat, it's my own damn fault because I KNOW it's bad for me. Just sayin.

Years ago when my grown son was about 9, he was hit by a US Postal mail carrier. The post office, and the mail carrier were crapping in their pants over it because they thought for sure there was gonna be a postage stamp with my face on it. Mail carriers get fired automatically if they are invloved in an accident. Except in this case, I saved that man his job, because I insisted that the US postal service do NOT fire him over it because how it happend. My son was riding his bike along the side of the road. The mail carrier was going slow because kids were around, but just as he got even with my son, my son just suddenly turned his bike right in his path. There was no way he could have avoided that. My son had a bloody nose, but otherwise unscaved. We took him in to be sure there was no hidden injury, and he bounce checked good. The PO kissed my butt for awhile after that, and that mail carrier hand delivered my mail to my door in lue of the curb box for several years after that in appreciation for me saving his job, in lue of suing the USPS for something stupid my son did. I may have had a "legal" case for sure, but, there was no gross neglegence IMHO in any of that except that of my son. He was ok, and thats all I cared about. There were lawyers frothing at the mouth over that wanting to represent my son over that. Just saying.
 
One more thing... When copyright filing was just $10 I never thought much about filing every new song right away (yeah, I am showing my age). Now, I take collections of songs and file them as such. Each is still offered the protection of copyright as part of a collective, and as an individual composition with that one filing. I save a ton of money doing this. I do it with visual art, too.
 
@Tudorp:
Glad your kid turned out to be made of rubber. Still scary when that stuff happens, innit? My son always used to nosedive down stairs because he'd never look where he was going... What can you do?

Shame more people don't share your attitude re. personal responsibility. For the majority (I reckon) the appeal of reaching for a phone and a lawyer's business card is too strong to resist. That's why we have this culture wherein people feel entitled to whatever a lawyer can get for them from any given situation.

Blaming lawyers is too easy. They only make money because a grasping, litigious public provides a market for their services.

Thread drift, but what the heck. Sue me. I plead tenuous relevance...
 
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