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Copywrite question
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Mar 27, 2016 22:16:28   #
MtnMan Loc: ID
 
nanaval wrote:
Just a question about copywrite. A friend posted on Facebook a picture she said she had not taken, added a boarder and put a filter on it. Is she correct in putting her name and the copywrite mark on it, I would have thought she would have had to have taken the picture herself?


...right

border

All works are by default copyright by the creator when produced.

Enforcing copyright requires demosctrating financial harm. So it rarely happens.

Then there is ethics. She is a loser on that scale. I'd put her way down on my list of "friends".

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Mar 27, 2016 22:22:06   #
MtnMan Loc: ID
 
burkphoto wrote:
Blatant plagiarism. If she had stolen one of my works that I cared about, I'd have my attorneys after her, ASAP.


No, you most likely wouldn't. At least not if you are intelligent, as you otherwise seem.

You attorneys are sure to charge you and your chances of recompense near nil.

How many times have you initiated such actions? If any (which I predict none) how many did you collect on? Net gain?

That is why there is little risk for the dirtbags.

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Mar 27, 2016 23:13:17   #
LoneRangeFinder Loc: Left field
 
Here's the link for anyone who wishes to educate themselves

http://www.law.cornell.edu/uscode/text/17/chapter-5

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Mar 27, 2016 23:39:45   #
BHC Loc: Strawberry Valley, JF, USA
 
Hollywoodmozart wrote:
You open up another area when you talk about soundbites. If they fit the definition, they are generally under seven seconds and used by the media, or anyone, with no payment involved because there's no violation of copyright.

The areas are "fair use" and "parody". Whether someone made money or not is not at issue… It actually could go the other way... one might actually lose money!

But "Copyright P" does apply to even a full length work, such as a new song based on an original. It recognizes the original copyright and establishes a new derivative work as a new copyright, covered under a "Copyright P".

So, Soundbite is using a piece of the actual original and under fair use, no payment is due. No liability there.

Parody, usually comedy, takes an existing song and recreates it as a joke or twist and if true parody, is not a violation. The test at law usually would be if a reasonable person, when trying to purchase the parody, would confuse it with the original.

In writing or photography, the copyright is fixed the moment pen leaves paper or the shutter is snapped. It is helpful to have a watermark, but lack of it does not cause the owner to lose rights.

Hope this helps.
You open up another area when you talk about sound... (show quote)

You seem to be persistent in your efforts to introduce some association between this obvious case of copyright infringement and the circled "P" symbol. And you seem to be doing so by now obfuscating the real purpose of a symbol for a copyrighted sound recording. The matter is moot. You affirm that "lack of it does not cause the owner to lose rights", meaning lack of any copyright notice, regardless of medium. Under certain conditions, the copying of copyrighted material MAY be permissible for non-commercial, educational purposes, but that certainly is not the case here. This seems to be a case of simple theft, and I can think of no logic that will justify it as otherwise.

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Mar 28, 2016 02:25:18   #
drucker Loc: Oregon
 
DirtFarmer wrote:
I'm not a lawyer, but it is my understanding that if you modify an image it can become a "derivative work" to which you can claim copyright.
However, the original image owner has to agree to allow you to use the original image for the derivative work.

The original copyright holder has all rights including the right to make derivative works unless he has legally transferred those rights. Anyone wanting to use the original work in any form must get permission for the specific use and abide by any restrictions and make any acknowledgements and/or compensation agreed upon. e.g. An author could get permission to use a photo as an illustration in a book and may copyright the book as a whole, but that doesn't imply any copyright rights for the photo used.

"Fair use" has very strict guidelines. It's not the, "I'm using it for personal use and I am not selling it, so it is OK," attitude.

As a printer, I deal with copyrighted materials in a wide variety of forms. In general, it can be assumed that anything created after 1977 is in copyright. Works created in the 120 years prior to 1977 are covered by various rules concerning "publication" and registration. Determining the actual status of a copyright can be a real challenge and then finding the right person to request permission from may be impossible.

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Mar 29, 2016 07:06:30   #
nanaval Loc: Cornwall
 
Thanks again to every one who has written about my question.... :thumbup:

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Mar 29, 2016 07:18:09   #
OnDSnap Loc: NE New Jersey
 
drucker wrote:
The original copyright holder has all rights including the right to make derivative works unless he has legally transferred those rights. Anyone wanting to use the original work in any form must get permission for the specific use and abide by any restrictions and make any acknowledgements and/or compensation agreed upon. e.g. An author could get permission to use a photo as an illustration in a book and may copyright the book as a whole, but that doesn't imply any copyright rights for the photo used.

"Fair use" has very strict guidelines. It's not the, "I'm using it for personal use and I am not selling it, so it is OK," attitude.

As a printer, I deal with copyrighted materials in a wide variety of forms. In general, it can be assumed that anything created after 1977 is in copyright. Works created in the 120 years prior to 1977 are covered by various rules concerning "publication" and registration. Determining the actual status of a copyright can be a real challenge and then finding the right person to request permission from may be impossible.
The original copyright holder has all rights inclu... (show quote)


If not mistaken, usually doesn't mean anything unless it's registered....

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Mar 30, 2016 23:47:06   #
Cedge
 
Registration is not required to own or enforce copyright. Copyright is automatically applied once a creation is completed. Registering your copyrights gives you some additional avenues to claim compensation for incurred losses, should you have to take legal action to enforce your rights. As the copyright holder you have control over nearly all aspects of your creation, including how, when, where and by whom it is used and/or distributed. Your copyrights remain in effect for 75 years beyond your death, so your heirs can inherit and enforce them, once you pass.

There are a few exceptions to these hard line usage restrictions. Satire, some forms of commentary, limited descriptive purposes, some educational usage (another whole list of restrictions) are generally considered "fair use", just to name a few commonly allowed uses.

Simply asking is quite often all that is needed to receive permission to use an image. I've granted limited noncommercial usage rights to plain old ordinary folks, many times over the years. I did so because they showed me a bit of courtesy and respect, by asking before acting. I have also placed some of my early 3d GIF animations into the public domain, so that anyone could freely use them. By doing so, I gave up all of my control over their usage and returned a little something back to the online community.

I've also enforced my legal claim, when it was warranted. The once all powerful 800 pound AOL gorilla, as well as the estate of a very well known sports legend, both had to back down when they were discovered to be in violation of my copyrights. However, those sordid tales are best left for another time.

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Mar 31, 2016 12:43:50   #
burkphoto Loc: High Point, NC
 
MtnMan wrote:
No, you most likely wouldn't. At least not if you are intelligent, as you otherwise seem.

You attorneys are sure to charge you and your chances of recompense near nil.

How many times have you initiated such actions? If any (which I predict none) how many did you collect on? Net gain?

That is why there is little risk for the dirtbags.


Personally, none. Professionally, twice. All our attorney asked for was the removal of images posted to web sites without permission. The images came down. That's all we wanted.

A good percentage of folks — the "honest" dirtbags — DO react to attorney's certified letters, especially if you separately contact them in person with a member of the press or a TV news crew in tow who want to do a local story on copyright infringement... NO ONE wants to be seen on TV, looking like a dirtbag who evades reporters' pointed questions.

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Mar 31, 2016 13:03:27   #
krl48 Loc: NY, PA now SC
 
SharpShooter wrote:
Richard Prince would disagree with ALL of you.
He steals a work, does derivative work on it then sells them for tens of thousands of dollars. Yes, he gets sued by the original artist and wins and keeps on doing it.
Talk is cheap, courts are expensive but final, regardless of what the law says or we think it says, it's never that B&W!!! Look him up and you be the judge! :lol:
SS


What SS says! :thumbup: :thumbup:

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