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Copyright: What you need to know!

Discussion in 'Legal Issues' started by Crusader, Jan 6, 2007.

  1. #1
    After having to answer the same questions regarding copyright and images etc. I came across this excellent primer that more or less explains exactly what you need to know if you are going to be running a website of your own.

    It's a long read, but you definitely need to know what it says. So if even if it takes a couple of days to read... do yourself a favour and read the whole thing available at the link below.

    Source: INTELLECTUAL PROPERTY LAW PRIMER FOR MULTIMEDIA AND WEB DEVELOPERS

    An extract of some of the most important bits...
     
    Crusader, Jan 6, 2007 IP
  2. CJJR

    CJJR Peon

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    #2
    Nice article. I see that the article is from 1996, but I took an Intellectual Property law class last semester and the myths/rules are still pretty much the same.
     
    CJJR, Jan 6, 2007 IP
  3. Crusader

    Crusader Peon

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    #3
    That's true, the laws haven't changed so it still applies. At least it should give a good basis for understanding the issues.
     
    Crusader, Jan 6, 2007 IP
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  4. marketjunction

    marketjunction Well-Known Member

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    #4
    It doesn't matter. Next month the thread will be lost, people won't search and the same questions will pop up. :)

    My favorite is the user who asks a question that was answered some 2-4 threads down. :)
     
    marketjunction, Jan 6, 2007 IP
  5. Crusader

    Crusader Peon

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    #5
    Too true! Perhaps one of the mods will have pity on us and sticky one of the threads explaining things in detail... but even then it won't be a guarantee that people will actually read it! :p
     
    Crusader, Jan 6, 2007 IP
  6. Robert Allen

    Robert Allen Peon

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    #6
    Uh, you didnt link to the author, therefore you are breaking the law.. It must have attition or it would be illegal to post that here.

    ROb.
     
    Robert Allen, Jan 6, 2007 IP
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  7. Crusader

    Crusader Peon

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    #7
    I clearly linked to the source/author at the very top of the page, before showing the extracts. They also allow for using the full article for educational purposes (but due to limitations of post sizes, I couldn't post the complete article here).

    Edit: To make you happy I added the authors copyright notice and link to the bottom of the quote as well.
     
    Crusader, Jan 6, 2007 IP
  8. marketjunction

    marketjunction Well-Known Member

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    #8
    Don't forget to read actual CASES too. They build on and solidify the law.
     
    marketjunction, Jan 6, 2007 IP
  9. Pat Gael

    Pat Gael Banned

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    #9
    You said it, people do not search but as a matter of fact communities are for helping each other.

    If you read this great article and your memory serves you well, pointing a member to this reading is just part of your contribution as valuable DP member ;)
     
    Pat Gael, Jan 6, 2007 IP
  10. akula

    akula Peon

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    #10
    The cases are a long list of big corporations smashing small fish from the 80's and 90's. Here here to widening the capitalistic playing field.:cool:
     
    akula, Jan 6, 2007 IP
  11. Robert Allen

    Robert Allen Peon

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    #11
    You added the source 1hr after i made that comment. Thanks for linking to the source, sorry to bring that up, i just thought if you were gona quote a copyright tutorial you at least provide attrition like the article so clearly states.

    Edit: And i was rude...was i? Well i wasn't trying to be. Sorry if you took it the wrong way. Check your rep, it is nice a green one unlike the one you gave to me.

    ROb
     
    Robert Allen, Jan 7, 2007 IP
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  12. Crusader

    Crusader Peon

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    #12
    Hi Rob. The source at the top was there from the start. I added the one at the bottom after you pointed it out. Better to be extra safe! I didn't red rep you or say that you were rude.
     
    Crusader, Jan 7, 2007 IP
  13. Robert Allen

    Robert Allen Peon

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    #13
    Ok, sorry about the confusion. Problem cleared up via pm.

    Rob
     
    Robert Allen, Jan 7, 2007 IP
  14. skunker

    skunker Guest

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    #14
    Some points: YOU CAN BE SUED FOR USING PUBLIC DOMAIN MATERIAL!!

    Example: A military officer may have taken a picture of Babe Ruth in the 1930s. If you use the photo in an advertisement for, say, VIAGRA, you can get sued by Ruth's estate for damaging the image of Ruth, etc.

    Also, here's another....if you have an old photograph taken in the 1920s, but it shows Coca Cola logos on, say, a store on Main Street, you can be liable for trademark infringement!!

    So, nothing is ever in the public domain.
     
    skunker, Jan 9, 2007 IP
  15. marketjunction

    marketjunction Well-Known Member

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    #15
    There were only cases in the 1980's and 1990's and they were all big corps verses little people?

    No. :)
     
    marketjunction, Jan 9, 2007 IP
  16. Crusader

    Crusader Peon

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    #16
    For those reluctant readers here's the condensed version

    The Golden rule

    Always assume that something (pictures, text etc.) is copyrighted unless it is explicitly stated that the image is in the public domain or can be freely used.

    Even if something is in the public domain you need to be careful that it doesn't contain trademarks or could lead to other issues. Also be sure about the source that states the image is in the public domain or can be freely used. Online image sharing sites like Flickr etc. are notorious for people uploading copyrighted works as their own and stating that they can be freely used (which is not the case). The copyright holder will hold you responsible for the infringement regardless of where you got the image, so make absolutely sure that it comes from a trustworthy source.

    A lack of a copyright notice does not mean that it isn't copyrighted. All content is immediately copyrighted as soon as it is fixed in a tangible form.

    You need to obtain permission from the copyright holder first, before using anything from another site on your websites. Having a notice like "If the site contains any copyrighted works, please notify us and we will remove it" doesn't provide any protection. Linking to the source and giving credit doesn't negate the fact that you are infringing on a copyrighted work.

    Basically it can be summed up in a simple sentence: Unless you have permission to use something - don't use it!

    What can happen to you if you infringe on copyrights?

    This will vary according to the content (images, text, audio etc.) you are infringing upon. Actions taken against you could include, but are not limited to, any of the following:

    • A Friendly request from copyright holder to remove the content
    • Cease-and-desist letter from copyright holder's lawyer demanding removal of copyrighted material
    • DMCA request filed to search engines and your host for removal of your site
    • Being charged usage fees (especially in the case of images) for using the copyrighted material
    • Being sued for damages by the copyright holder (according to US law, up to an amount of $150 000 per image/article etc.)
     
    Crusader, Jan 10, 2007 IP
  17. chamatkaribaba

    chamatkaribaba Peon

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    #17
    But we can use the things that are in public domain mentioning the source and for non commercial use. I hope I am right?:)
     
    chamatkaribaba, Jan 15, 2007 IP
  18. skunker

    skunker Guest

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    #18
    Yes! Correct.
     
    skunker, Jan 15, 2007 IP
  19. chamatkaribaba

    chamatkaribaba Peon

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    #19
    so, what exactly that public domain means to us. is all the websites we can access are on public domain? can i copy the contents of another blog and paste in my blog? Sounds Dumb but em confused!!!!!!
     
    chamatkaribaba, Jan 15, 2007 IP
  20. MTbiker

    MTbiker Well-Known Member

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    #20
    NO!

    Unless it is clearly defined as being public domain, it's not. Although I see what you mean, "public domain" is much different than something available to the public.

    Examples of public domain works would be (1) pamphlets produced by the government and (2) books written before 1923 (I think...) that have not had their copyright renewed.

    The main thing to remember is that most work is copyrighted and is not public domain :)
     
    MTbiker, Jan 15, 2007 IP