Online copyrights...
Wednesday, April 16, 2003 by Duff Lite | Discussion: WinCustomize Talk
How does it work? I've read a few articles refering to such... graphics, text, etc. But I'm not 100% sure how it works. How does "interlectrual property" become copyrighted? How long? etc. Explain?
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bakerstreet
Reply #2 Wednesday, April 16, 2003 1:49 PM
Reply #2 Wednesday, April 16, 2003 1:49 PM
It is copyrighted the instant you make it. No one can copy it or create derivative works without the artists permission. Small portions of the work can be used for journalistic or educational references, or as a parody of the original work, which is considered 'fair-use'.
If I recall the time limit used to be something like 70 years after the death of the original artist, though that was challenged by Disney and a few others recently and the US congress was given the right by the supreme court to extend that period. How long they can do it will be determined by further litigation, no doubt...
You can register a work with the office as well, for a fee. All the details for the US are here: http://www.loc.gov/copyright/
If I recall the time limit used to be something like 70 years after the death of the original artist, though that was challenged by Disney and a few others recently and the US congress was given the right by the supreme court to extend that period. How long they can do it will be determined by further litigation, no doubt...
You can register a work with the office as well, for a fee. All the details for the US are here: http://www.loc.gov/copyright/
queezendorf
Reply #3 Wednesday, April 16, 2003 1:49 PM
Reply #3 Wednesday, April 16, 2003 1:49 PM
oh.. how long? heh... technically an official copyright you must pay for, but if you have dated proof that your copy is the oldest (mail it to yourself and never open it), or hold the source file of creation (i.e. .PSD file - photoshop) then you can hold it if I'm not mistaken for a long long long long long time 
bakerstreet
Reply #4 Wednesday, April 16, 2003 2:03 PM
Reply #4 Wednesday, April 16, 2003 2:03 PM
the 'dated proof' thing is an urban legend. Anyone can get a postmark an envelope, reopen it, stick something in it, and reseal it. I could go right now and postmark a hundred empty, unsealed manila envelopes and hang onto them so i could sue people later... You'd be laughed out of court.
All you can really do is register. You are protected regardless, whether you do or don't, it just makes it a lot easier to prove.
All you can really do is register. You are protected regardless, whether you do or don't, it just makes it a lot easier to prove.
queezendorf
Reply #5 Wednesday, April 16, 2003 2:08 PM
Reply #5 Wednesday, April 16, 2003 2:08 PM
so why do people make crap up like that then?
Duff Lite
Reply #6 Wednesday, April 16, 2003 2:33 PM
Reply #6 Wednesday, April 16, 2003 2:33 PM
You guys are talking about things are a larger scale. That I already know. I'm talking about small simple graphics, wallpapers, programs, etc. Something that most people wouldn't go all out to the Government to register.
Example, how are the works here copyrighted if they are?
Example, how are the works here copyrighted if they are?
Duff Lite
Reply #7 Wednesday, April 16, 2003 2:35 PM
Reply #7 Wednesday, April 16, 2003 2:35 PM
Damn, I hate typos, makes me sound like an idiot. >
Jafo
Reply #8 Wednesday, April 16, 2003 2:36 PM
Reply #8 Wednesday, April 16, 2003 2:36 PM
baker.....it's not an urban legend at all. It's been done, and successfully, too, long before Online graphics ever existed...
Jafo
Reply #9 Wednesday, April 16, 2003 2:39 PM
Reply #9 Wednesday, April 16, 2003 2:39 PM
inSANity, a created 'work' has its own inherent copyright, as it has a creator whose rights are that he/she controls/authorises exactly who can or cannot redistribute the work...
Duff Lite
Reply #10 Wednesday, April 16, 2003 2:49 PM
Reply #10 Wednesday, April 16, 2003 2:49 PM
So no paper or "legal" paper/text file needed to be created? Or anything to that nature? Create a work and it's yours, unless you give "permissions" otherwise?
Jafo
Reply #11 Wednesday, April 16, 2003 2:54 PM
Reply #11 Wednesday, April 16, 2003 2:54 PM
Yes...but if you wish for a 'stronger' hold on your rights, then registering the copyright enables the lazy legal system to go in to bat for you more easily, that is all...
Duff Lite
Reply #12 Wednesday, April 16, 2003 3:05 PM
Reply #12 Wednesday, April 16, 2003 3:05 PM
Hmm, then what could you do (legally) if someone "rip" your work? If you don't file any paper?
Duff Lite
Reply #13 Wednesday, April 16, 2003 3:12 PM
Reply #13 Wednesday, April 16, 2003 3:12 PM
And after your attempts after you warn/notify him, he/she still ignore you, what could you do? Go to court over a wallpaper?
bakerstreet
Reply #15 Wednesday, April 16, 2003 3:19 PM
Reply #15 Wednesday, April 16, 2003 3:19 PM
Jafo: any idea when and where?
I have mailed many manila envelopes using only the little brass thingy to keep it shut. What would prevent me from reopening it at a later date, sliding in a hand-typed screenplay for a popular movie, and sealing it with the glue seal? What would prevent a monolithic corporation to accuse me of doing that if the screenplay *was* original? The postal service makes no claims about the integrity of the envelope, so they really can't testify as to what was in it when they postmarked it.
Sure, someone may have presented that as *part* of their case, but the attorney for the other side would have to be pretty dim if he or she let them get away with it.
I have mailed many manila envelopes using only the little brass thingy to keep it shut. What would prevent me from reopening it at a later date, sliding in a hand-typed screenplay for a popular movie, and sealing it with the glue seal? What would prevent a monolithic corporation to accuse me of doing that if the screenplay *was* original? The postal service makes no claims about the integrity of the envelope, so they really can't testify as to what was in it when they postmarked it.
Sure, someone may have presented that as *part* of their case, but the attorney for the other side would have to be pretty dim if he or she let them get away with it.
Jafo
Reply #16 Wednesday, April 16, 2003 3:23 PM
Reply #16 Wednesday, April 16, 2003 3:23 PM
My sister, about 30 years ago. She's a graphic artist and teacher, sculptor and painter/drawer....you name it, she's done it...
Was done via Registered mail...[in Oz]...
Was done via Registered mail...[in Oz]...
bakerstreet
Reply #17 Wednesday, April 16, 2003 3:28 PM
Reply #17 Wednesday, April 16, 2003 3:28 PM
"prevent a monolithic corporation of accusing me " I change my mind about part of it and forget to change the rest...
If the postage thing *is* true, some one with malicious intent could cost companies a lot of money in legal fees, whether they won or not. I just checked, and I have more than a dozen unsealed manila envelopes postmarked prior to 1995. I used them before major magazines started accepting electronic submissions, and it appears I never licked the glue...
I would really like to see the transcripts from a copyright case that used a postmark for evidence.
If the postage thing *is* true, some one with malicious intent could cost companies a lot of money in legal fees, whether they won or not. I just checked, and I have more than a dozen unsealed manila envelopes postmarked prior to 1995. I used them before major magazines started accepting electronic submissions, and it appears I never licked the glue...
I would really like to see the transcripts from a copyright case that used a postmark for evidence.
grayhaze
Reply #18 Wednesday, April 16, 2003 4:35 PM
Reply #18 Wednesday, April 16, 2003 4:35 PM
If you really want to get technical, I believe forensic science would be able to give a rough estimate on the period since a glue seal was bonded, based on the decay of the glue over time.
Also, when sending something by registered delivery (at least in this country) they stick a large sticker on the package with the date, etc. on. If you requested that they stuck it over the seal of the envelope, I'm sure that would be sufficient. I believe they modify the design of those stickers every year or so too, specifically to prevent fraud.
Also, when sending something by registered delivery (at least in this country) they stick a large sticker on the package with the date, etc. on. If you requested that they stuck it over the seal of the envelope, I'm sure that would be sufficient. I believe they modify the design of those stickers every year or so too, specifically to prevent fraud.
Jafo
Reply #19 Wednesday, April 16, 2003 4:38 PM
Reply #19 Wednesday, April 16, 2003 4:38 PM
Aussie Registered mail is signed-for, person to person, and receipted...
bakerstreet
Reply #20 Wednesday, April 16, 2003 5:01 PM
Reply #20 Wednesday, April 16, 2003 5:01 PM
I've never been able to find a court transcript or a law to indicate that sort of thing is admissible as evidence.
I'll see what I can dig up with the US postal service. I'm willing to bet that they'll say that they can't verify an envelope hasn't been opened and resealed after delivery, registered or not. IF they can't verify the seal, then they can't say that the work was in it when it was mailed.
On the other hand, if they take responsibility for verifying the integrity of the seal or envelope, then they open themselves up to liability when someone abuses the system. I don't think they would do that. I get letters with torn envelopes pretty often.
I'll see what I can dig up with the US postal service. I'm willing to bet that they'll say that they can't verify an envelope hasn't been opened and resealed after delivery, registered or not. IF they can't verify the seal, then they can't say that the work was in it when it was mailed.
On the other hand, if they take responsibility for verifying the integrity of the seal or envelope, then they open themselves up to liability when someone abuses the system. I don't think they would do that. I get letters with torn envelopes pretty often.
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Reply #1 Wednesday, April 16, 2003 1:46 PM