Copyright: What you need to know!

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

  1. twgil

    twgil Greenhorn

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    #81
    The US copyright office website has some very straight-forward explanations about copyright. www dot copyright dot gov
     
    twgil, Feb 27, 2008 IP
  2. SurgerY

    SurgerY Guest

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    #82
    Thanks alot mate!
    This will really help alot of n00bs around here..
    I already knew all this, but I could bet that many here didn't.
     
    SurgerY, Mar 1, 2008 IP
  3. Monkey Biz

    Monkey Biz Active Member

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    #83
    I guess I already know the answer but, yeah...

    What about all those avatars/button/themes/templates based on some movie, tvshow or a game. Then pretty much every of those sites make an illegal act? :\
     
    Monkey Biz, Mar 6, 2008 IP
  4. Crusader

    Crusader Peon

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    #84
    That's pretty much true unless the site owner got hold of press release packs from the film studio. Sometimes the send those out to websites with certain usage restrictions in order to promote the specific film.
     
    Crusader, Mar 9, 2008 IP
  5. RelevantBuZZ_PR

    RelevantBuZZ_PR Guest

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    #85
    The red, bold line is untrue. Even a tidbit of the video can be a copyright violation. YouTube has removed numerous, seconds worth of content up the request of the publisher. YouTube will generally sift through content if they were either required to or asked to by the publisher of the source content.

    While YouTube can be held responsible if they choose not to enforce copyright law, the people who post the content are indeed responsible and should be aware.
     
    RelevantBuZZ_PR, Mar 14, 2008 IP
  6. BusinessCoach

    BusinessCoach Well-Known Member

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    #86
    BusinessCoach, Mar 29, 2008 IP
  7. bs1

    bs1 Peon

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    #87
    I think a lot of the problems that arise online from the use of copyrighted materials is a matter of wishful thinking. Webmasters and bloggers online simply "want" to use a certain piece of material, and conveniently choose to ignore that which is obvious: they don't own the material, nor do they have the right to use it.
     
    bs1, Apr 27, 2008 IP
  8. dulcenegosyante

    dulcenegosyante Well-Known Member

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    #88
    Someone just copied my WordPress theme codes here. I've already asked the seller to stop it but he just ignored me. What do I need to do? :confused:
     
    dulcenegosyante, May 6, 2008 IP
  9. kb0000

    kb0000 Peon

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    #89
    If someone wants to have a domain name which contains the word like google, yahoo or msn etc. the names which are copyright trademark etc.
    Can a user buy such domain name like abcgoogle.com xyzyahoo.com legally without any copyright problem.
     
    kb0000, May 8, 2008 IP
  10. BusinessCoach

    BusinessCoach Well-Known Member

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    #90

    didn't look at the link, but i have a couple questions

    Are you both in the USA?

    did you REGISTER your themes with USLOC (file an actual copyright registration)

    If yes to both I have an answer for you

    otherwise, contact in this order

    =Your attorney, (have them send a lawyer letter to the site owner)

    =The sites host, the host's host, the host's host's upstream provider

    =WIPO
     
    BusinessCoach, May 8, 2008 IP
    dulcenegosyante likes this.
  11. BusinessCoach

    BusinessCoach Well-Known Member

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    #91
    There are big differences between copyright and trademarks

    Yes you can LEGALLY register or buy such a domain...how you use it will determine whether or not you get into a "copyright problem"
     
    BusinessCoach, May 8, 2008 IP
  12. dulcenegosyante

    dulcenegosyante Well-Known Member

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    #92
    Thanks for the input. I'll keep this in mind.


     
    dulcenegosyante, May 8, 2008 IP
  13. Barefootsies

    Barefootsies Well-Known Member

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    #93
    Fair use on the Internet

    A US court case in 2003, Kelly v. Arriba Soft Corporation, provides and develops the relationship between thumbnails, inline linking and fair use. In the lower District Court case on a motion for summary judgment, Arriba Soft was found to have violated copyright without a fair use defense in the use of thumbnail pictures and inline linking from Kelly's website in Arriba's image search engine. That decision was appealed and contested by Internet rights activists such as the Electronic Frontier Foundation, who argued that it is clearly covered under fair use.

    On appeal, the 9th Circuit Court of Appeals found in favor of the defendant. In reaching its decision, the court utilized the above-mentioned four-factor analysis. First, it found the purpose of creating the thumbnail images as previews to be sufficiently transformative, noting that they were not meant to be viewed at high resolution like the original artwork was. Second, the fact that the photographs had already been published diminished the significance of their nature as creative works. Third, although normally making a "full" replication of a copyrighted work may appear to violate copyright, here it was found to be reasonable and necessary in light of the intended use. Lastly, the court found that the market for the original photographs would not be substantially diminished by the creation of the thumbnails. To the contrary, the thumbnail searches could increase exposure of the originals. In looking at all these factors as a whole, the court found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003. The remaining issues were resolved with a default judgment after Arriba Soft had experienced significant financial problems and failed to reach a negotiated settlement.
     
    Barefootsies, May 8, 2008 IP
  14. Kilomurion

    Kilomurion Peon

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    #94
    I`ve Got good news making public domaian dominations will be easy to follow and enjoy to digest, the tips is easy be original, dont just copy and paste it , be always fresh and make your site easy to read and response naturally
     
    Kilomurion, May 8, 2008 IP
  15. l0ng2111

    l0ng2111 Active Member

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    #95
    in case 2 writers write 2 ebook independently which is 90% the same about the content, information provided inside. Example: a tutorial which has same steps or guide which is quite familiar (they both work theirself, but their knowledge is nearly the same which leads to the familiar ebooks). etc...


    so who write it first will have the copyright and who write later will have to destroy his work?
     
    l0ng2111, May 11, 2008 IP
  16. BusinessCoach

    BusinessCoach Well-Known Member

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    #96
    well understand the quote of that person is only half correct

    yes the US copyright site is the most informative...but the information there is for US only, it is not for international laws

    Berne convention handles many issues of copyrights internationally (in participating countries only), but US law is very unique and much more stringent

    For instance in the UK the "poor man's copyright" is valid (in which you mail a copy of the work to yourself)

    In the USA it has NEVER EVER held up in court, and majority of the time never gets a trial. We here in the US work by registration for dispute purposes, however the copyright is assigned at CREATION.

    So TECHNICALLY in the USA, as soon as the pen hits the paper, or keyboard or whatever the creative work is....you own the copyright...its "implied"

    however, you should REGISTER to validate your claim, as thats the only way to LEGALLY defend it fully.

    Best resources:

    www.copyright.gov
    www.copyrightguidebook.com


    as far as the two ebooks....the 10% is what makes them unique works, as long as the 90% is not a direct plaguerization (spelling?)

    THe funny thing is, in the usa, the person who REGISTERS first will be the winner

    Copyright is only $45 and a ONE page form...well worth the protection.
     
    BusinessCoach, May 11, 2008 IP
  17. l0ng2111

    l0ng2111 Active Member

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    #97
    thanks, so who register later will have to destroy their work incase their work are mostly the same?

    An example.

    A guide about how to use google adsense, says
    1) register
    2) set up ads
    3) public ads
    4) get paid

    Mr A write this, and register the documents under copyright protection.

    Another ebook from mr B says the same steps (different writing style, descriptions..)
    1) same step, but different style, descriptions..
    2) same step, but different style, descriptions..
    3) same step, but different style, descriptions..
    4) same step, but different style, descriptions..
    5) Writter's suggestion, EG he suggest to go to this forum to read about SEO.

    The information provided in both are nearly the same.

    This ebook is written later than mrA's, and in different country, he register copyright protection also.

    The part 5 make the information contents in both ebooks unique from each other.
    But it's small compare to the whole thing. (around 10% I mentioned).
    They are both experience in Google adsence using, and their information are nearly the same, only the writing style, arrangements, descriptions... are different. They both work independently. 100% their work from experience and knowledge.

    MrA see that mrB's work is similar to him, and decide to fight for copyright protection. This case, since mr A's work is registered first, then MrB will lose right? he will have to destroy his work.?

    My case is similar to this. I an writting an ebook about "paid to complete site" and i found out that many other ebooks about this topic is written already. and my knowledge, and what i'm gonna write is sometime similar to others as well. Because they all talk about PTC sites, and of course, there are very few ways to describe a PTC site. My work will have my own style and descriptions, and there may be 10-20% are unique from those which i read. I'm affraid of having to destroy my work when i complete my ebook because it's a little similar to other ebooks, it talk about old topic, which other discussed already.

    Pls suggest me, should i stop and change topic, or i should just continue, as long as i dont copy their work, i write myself from my knowledge about the same topic. Do I have to give credits to authors of those ebooks which are similar to mine? Even the information is not from them?
     
    l0ng2111, May 12, 2008 IP
  18. peejaydee

    peejaydee Peon

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    #98
    I doubt very much that this would actually hold up in a court under either English or Scots Law. I certainly wouldn't want it to be my only protection. Like you say, doing it right is easy and doesn't cost much in the long run.
     
    peejaydee, May 13, 2008 IP
  19. HostHaus | Mitch

    HostHaus | Mitch Peon

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    #99
    Thank-you for this.
     
    HostHaus | Mitch, May 20, 2008 IP
  20. oldnick

    oldnick Guest

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    #100
    In the UK there is no way of registering copyright, other than the time honoured method of posting a copy in a sealed envelope by recorded delivery to usually your lawyer or agent, so what do you think is "doing it right"?

    The UK Copyright service is simply a commercial organisation who will archive your work. Their word has no more legal validity than anyone else. They simply saw a gap in the market and set up shop.

    The difference in laws between countries shows the need for close scrutiny. In the UK a work is copyright until 70 years after the Authors death, so many books written at the turn of the 20th century are still copyright. Only works where the author died before 1938 would be out of copyright.
     
    oldnick, May 28, 2008 IP