Copyright issues: I might have broken a rule of member conduct

[chica]

I often google pictures and texts and post them here, is there a way to find out whether they have been copyrighted? I'd hate to cause a lawsuit against this site, and I would also hate to be banned. Thanks to PregnantForTheLastTime for bringing this problem to my attention.

TOS, rule #6:



upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party

[Kewpie]

I often google pictures and texts and post them here, is there a way to find out whether they have been copyrighted? I'd hate to cause a lawsuit against this site, and I would also hate to be banned. Thanks to PregnantForTheLastTime for bringing this problem to my attention.

TOS, rule #6:


As long as you haven't attempted to make money out of those pictures and texts you got from other internet sites, copyright holders won't take legal action against you.

Hope you use your common sense rather than posting a thread asking obvious questions.

[chica]

As long as you haven't attempted to make money out of those pictures and texts you got from other internet sites, copyright holders won't take legal action against you.

Hope you use your common sense rather than posting a thread asking obvious questions.

But I honestly know absolutely nothing about copyright! And when PFTLT warned me about it, it really startled me. I had to ask someone, Kewpie, don't be so harsh. :o Isn't it best to ask this type of question in this section?

[PregnantForTheLastTime]

As long as you haven't attempted to make money out of those pictures and texts you got from other internet sites, copyright holders won't take legal action against you.

Hope you use your common sense rather than posting a thread asking obvious questions.

Sorry, Kewpie, this is completely untrue. But it is a common misconception. Copyright exists from the moment a work is created. It doesn't need to be registered, that only helps defend a copyright in court. There is also no such thing as a "10% Law," under which if you change something by 10% or more, the copyright becomes yours.

http://www.fplc.edu/thomasfield/ipbasics/copyright-on-the-internet.php

It's all academic, no one is going to sue you over pictures you post on a public message board... probably.

[Dave]

As long as you haven't attempted to make money out of those pictures and texts you got from other internet sites, copyright holders won't take legal action against you.

Hope you use your common sense rather than posting a thread asking obvious questions.

Wrong. That is what people often think, but it doesn't matter if you make money or not. Perhaps you should study the issue before you decide what is common sense and what is obvious.

Not only are you trying to suppress someone seeking information, but you are spreading false information. It is unlikely that someone will track the information to this site, but it is still a violation of copyright, just like this sites download section is, whether the music being made available for download is commercially available or not.

You really should look into this issue further if you regard yourself as an authority on it.

[Jukebox Jury]

I have just picked up the nearest book to me, purely coincidental - it was 'Panic On The Streets' by Phill Gatenby.

It says
All rights reserved. No part of this publication may be reproduced, in any form or by any means, without permission from the publisher.

So even me writing that bit has broken copyright laws. I dont suppose Phill reads this site, so I should get away with it;)

So reproducing copyrighted pieces of work can get this site into trouble - highly unlikely - but still possible.

Jukebox Jury

[girlunafraid]

I have just picked up the nearest book to me, purely coincidental - it was 'Panic On The Streets' by Phill Gatenby.

It says
All rights reserved. No part of this publication may be reproduced, in any form or by any means, without permission from the publisher.

So even me writing that bit has broken copyright laws. I dont suppose Phill reads this site, so I should get away with it;)

So reproducing copyrighted pieces of work can get this site into trouble - highly unlikely - but still possible.

Jukebox Jury


I wonder if the author was granted permission to use the lyric as the title of the afrorementioned book? :D

love

Grim

[Jukebox Jury]

I wonder if the author was granted permission to use the lyric as the title of the afrorementioned book? :D

love

Grim

I'm not sure the author needed to have permission to use those four words as a title. Those four words have been used many times before Morrissey put them together to make one line in a song.
Also, to my knowledge, Morrissey hasn't sued the author, so it must be alright..... I mean, when has Morrissey not attempted to sue someone who he feels has wronged him:D

Jukebox Jury

[girlunafraid]

I'm not sure the author needed to have permission to use those four words as a title. Those four words have been used many times before Morrissey put them together to make one line in a song.
Also, to my knowledge, Morrissey hasn't sued the author, so it must be alright..... I mean, when has Morrissey not attempted to sue someone who he feels has wronged him:D

Jukebox Jury

I've never heard of any court cases concerning Morrissey, I'm sure if there had I'd have read about them on here, I think you are just a fantasist, young man!

Oh & another thing whatabout your 'name'? Hmmmn? http://www.televisionheaven.co.uk/jbj.htm

love

Grim

[Jukebox Jury]

I've never heard of any court cases concerning Morrissey, I'm sure if there had I'd have read about them on here, I think you are just a fantasist, young man!

love

Grim

I'll ask Kewpie to provide the links;)
:D

Jukebox Jury

[Jane Birkin]

I often google pictures and texts and post them here, is there a way to find out whether they have been copyrighted? I'd hate to cause a lawsuit against this site, and I would also hate to be banned. Thanks to PregnantForTheLastTime for bringing this problem to my attention.

TOS, rule #6:

Jesus fucking christ!
Get a hobby or something....

[Jane Birkin]

As long as you haven't attempted to make money out of those pictures and texts you got from other internet sites, copyright holders won't take legal action against you.

Hope you use your common sense rather than posting a thread asking obvious questions.
Kewpie, you know how I hate to correct you :D:D, buit i believe that you are wrong, copy right is copy right. The owner of said photos can sue you regardless of wether you're planning on making money out their product or not.
I know this because, I, myself have had to retract a few pictures from a my blogger account (from which I make no money).

[chica]

Jesus fucking christ!
Get a hobby or something....

What a brilliant idea! Thanks!

Could you please suggest some hobbies? Something you personally enjoy and practice? Maybe following people around internet forums and letting them know that they annoy you? :D Sounds fun, I may try it later!

[Jukebox Jury]

What a brilliant idea! Thanks!

Could you please suggest some hobbies? Something you personally enjoy and practice? Maybe following people around internet forums and letting them know that they annoy you? :D Sounds fun, I may try it later!

chica
Maybe you should first post a thread asking what you can do on this internet forum to annoy people that would not get you banned or given a warning - you wouldn't want to be banned when you didn't have the right information, would you;)

Jukebox Jury

[bored]

You can't copyright a title. The lyric for that title has a copyright but I'm sure it would be hard to win a lawsuit without the entire body of work being used.

The whole "No portion of this can be blah blah blah" is true but there are exceptions like if you were reviewing the book you could quote it with limitations.

Now, as far as posting pictures, songs, etc.. profit or not, you are infringing up the copyright if you do that here.

The terms of service tell you not to do this. In the event that someone does do this, the onus is on the owner of the copyright to make a request for it to be taken down. That request needs to go to the owner of the site and I believe the requestor needs to provide proof that they are indeed the owner (or a legal representative of said owner). This is only true of this site. Other sites may have similar policies. Your mileage may vary.

[Dave]

Kewpie, you know how I hate to correct you :D:D, buit i believe that you are wrong, copy right is copy right. The owner of said photos can sue you regardless of wether you're planning on making money out their product or not.
I know this because, I, myself have had to retract a few pictures from a my blogger account (from which I make no money).

Actually copy right is copyright. :D

[Dave]

You can't copyright a title. The lyric for that title has a copyright but I'm sure it would be hard to win a lawsuit without the entire body of work being used.

The whole "No portion of this can be blah blah blah" is true but there are exceptions like if you were reviewing the book you could quote it with limitations.

Now, as far as posting pictures, songs, etc.. profit or not, you are infringing up the copyright if you do that here.

The terms of service tell you not to do this. In the event that someone does do this, the onus is on the owner of the copyright to make a request for it to be taken down. That request needs to go to the owner of the site and I believe the requestor needs to provide proof that they are indeed the owner (or a legal representative of said owner). This is only true of this site. Other sites may have similar policies. Your mileage may vary.

Stevie Nicks stole a song from me. I need an Internet lawyer to sue her and I was wondering if you are available. You seem to know your stuff.

[Buzzetta]

Sorry, Kewpie, this is completely untrue. But it is a common misconception. Copyright exists from the moment a work is created. It doesn't need to be registered, that only helps defend a copyright in court. There is also no such thing as a "10% Law," under which if you change something by 10% or more, the copyright becomes yours.

http://www.fplc.edu/thomasfield/ipbasics/copyright-on-the-internet.php

It's all academic, no one is going to sue you over pictures you post on a public message board... probably.

Very good, I am impressed. Too often people change the actual law to their perception of what the law should be.

[HIM]

Very good, I am impressed. Too often people change the actual law to their perception of what the law should be.

judges, mostly.

[Reelaround]

I have written things and have copyright, and if anyone published anywhere without permission I would have their ass over a spit

So I guess that publishing pics of someone's vagina giving birth is acceptable, because it happens to be a past event, and the way of deducement is that one is easily mistaken for another?

[HIM]

I have written things and have copyright, and if anyone published anywhere without permission I would have their ass over a spit

So I guess that publishing pics of someone's vagina giving birth is acceptable, because it happens to be a past event, and the way of deducement is that one is easily mistaken for another?

that's true

[Reelaround]

I know it's very true in a very real sense, and it just seems to be so goddam easy for someone who is quite obviously obsessed with things pertaining to an anonymous part of the human body, to take advantage of that fact

*sick* :sick:

[HIM]

I know it's very true in a very real sense, and it just seems to be so goddam easy for someone who is quite obviously obsessed with things pertaining to an anonymous part of the human body, to take advantage of that fact

*sick* :sick:

they're bastards, in my opinion.

[Reelaround]

What a brilliant idea! Thanks!

Could you please suggest some hobbies? Something you personally enjoy and practice? Maybe following people around internet forums and letting them know that they annoy you? :D Sounds fun, I may try it later!

What again? How many vaginas does it take to change a diaper?

Maybe we're yet to see shit outa ass next?

[chica]

You can't copyright a title. The lyric for that title has a copyright but I'm sure it would be hard to win a lawsuit without the entire body of work being used.

The whole "No portion of this can be blah blah blah" is true but there are exceptions like if you were reviewing the book you could quote it with limitations.

Now, as far as posting pictures, songs, etc.. profit or not, you are infringing up the copyright if you do that here.

The terms of service tell you not to do this. In the event that someone does do this, the onus is on the owner of the copyright to make a request for it to be taken down. That request needs to go to the owner of the site and I believe the requestor needs to provide proof that they are indeed the owner (or a legal representative of said owner). This is only true of this site. Other sites may have similar policies. Your mileage may vary.

Does it mean that the danger is not so serious that we should stop posting texts and photos we find on the internet? In case a copyright owner objects, the offending text or photo can be taken down and there will be no consequences for this site?

[Dave]

Does it mean that the danger is not so serious that we should stop posting texts and photos we find on the internet? In case a copyright owner objects, the offending text or photo can be taken down and there will be no consequences for this site?

That part about it being up to the copyright owner to protest is questionable. Most copyrighted material will have a little notice saying that it is copyrighted which is sort of like saying in advance, "unathorized use is prohibited".

The real reason that it doesn't matter if you make money or not is because if they let people use their material for free, it supposedly makes it harder to go after people that use it for profit. The reason it's not cool really to post commercially available music is out of respect, but not for any legal reasons. The publishers own the copyright to the music. The performance copyright is a separate thing. However, any performance of that copyrighted music is still covered by the publisher's copyright. The publishers are hardly ever the performers. They are people that exist pretty much for the sole reason to turn your love for music into money in their bank accounts. There is nothing sentimental about it. Whether this is good or bad doesn't really matter, but if it wasn't for capitalist motives in the early part of the 20th century to copyright old songs, many of those old songs would have likely been lost.

Anyway, a lot of sites that post files or links to files do write something like, "if you are the copyright owner and you object we will remove this material", but that's just to hopefully avoid problems. It's not actually "legal".

btw, northernleeches is a gmail account where you can send a morrissey track and get two back.

[Dave]

about those photos, I'd say that anyone that posts their material online should expect that it will be used without permission or credit. Content online should be free, I think. It's when other people post it that I think it's an issue.

Of course that also is not "legal".

There is a newer type of copyright that is worth looking into though.

Creative Commons (http://creativecommons.org/)

[Cassius]

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

[Dave]

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

I'm not sure that fair use applies when you copy from one website to another. It's an interesting issue, and you can read a lot about it and form some opinions at negativland's website (http://www.negativland.com/news/?page_id=20).

There is no clear line on fair use. Artists have been fighting to use copyrighted material in their work since at least the 1960's but probably since the invention of the copyright.

I believe that the idea of originality is also cultural but I'd have to refresh my memory on that, and I have to get to the post office in a hurry.

[Cassius]

I'm not sure that fair use applies when you copy from one website to another. It's an interesting issue, and you can read a lot about it and form some opinions at negativland's website (http://www.negativland.com/news/?page_id=20).

There is no clear line on fair use. Artists have been fighting to use copyrighted material in their work since at least the 1960's but probably since the invention of the copyright.

I believe that the idea of originality is also cultural but I'd have to refresh my memory on that, and I have to get to the post office in a hurry.

I have it on my website to prevent me from being sued, and so far it's worked. But then again, Prince was able to shut down all those sites not too long ago, so...

[Franissey]

I often google pictures and texts and post them here, is there a way to find out whether they have been copyrighted? I'd hate to cause a lawsuit against this site, and I would also hate to be banned. Thanks to PregnantForTheLastTime for bringing this problem to my attention.

TOS, rule #6:

I wouldn't worry about what other people warn you about unless you're handed a supoena. :P

[bored]

Does it mean that the danger is not so serious that we should stop posting texts and photos we find on the internet? In case a copyright owner objects, the offending text or photo can be taken down and there will be no consequences for this site?

I really cannot speak to the legal aspects of what would happen if someone decided to go after moz solo.

I'm just saying that as moderators we are not in charge of moderating what is or is not copyrighted. That is up to the owner of the content to deal with.

[Buzzetta]

On an interesting side note one of the most prospective fields for lawyers will be and continue to be internet law. How does the local real law apply to international cyberspace?

[Dave]

On an interesting side note one of the most prospective fields for lawyers will be and continue to be internet law. How does the local real law apply to international cyberspace?

I think you'd have to look at individual cases. It's very interesting because of that local aspect. Where will the lawsuit be filed if the people involved live in different countries?

[dicartwright]

Hope you use your common sense rather than posting a thread asking obvious questions.

Not only it isn't obvious, it's perfectly understandable to ask. You think it's a wiser idea to do as you please and then find out you should have asked?
That was a nasty snap! :mad:
God forbid one doesn't know something!

I'm not afraid of you anymore, I'll ask when I think I have to.

[Buzzetta]

I think you'd have to look at individual cases. It's very interesting because of that local aspect. Where will the lawsuit be filed if the people involved live in different countries?

Depends on where the money goes I believe... at least that was my understanding involving matters on why some internet gambling companies were shut down and others are still operational.

[Morrissey the 23rd]

I often google pictures and texts and post them here, is there a way to find out whether they have been copyrighted? I'd hate to cause a lawsuit against this site, and I would also hate to be banned. Thanks to PregnantForTheLastTime for bringing this problem to my attention.

TOS, rule #6:

Don't worry. The TOS conditions aren't applied to every member the same.

[bored]

Don't worry. The TOS conditions aren't applied to every member the same.


If someone violates the copyright it is up to the owner to request it be removed. In fact, if you read the TOS there are details about this.

In fact I already covered this in post 15 of this thread.

[Grim O'Grady]

If someone violates the copyright it is up to the owner to request it be removed. In fact, if you read the TOS there are details about this.

In fact I already covered this in post 15 of this thread.

Kewpie can you please delete boreds last reply, he's clearly taking up precious space by posting things twice, you are the solow housecleaner aren't you?

love

Grim

[Kewpie]

Kewpie can you please delete boreds last reply, he's clearly taking up precious space by posting things twice, you are the solow housecleaner aren't you?

love

Grim


David would rather delete all of your posts both the posts made from GU's account as well.

[girlunafraid]

David would rather delete all of your posts both the posts made from GU's account as well.

Aye well that maybe so but it's not what I asked, bloody cleaners having a go at me now, crikey!

love

Grim

[Morrissey the 23rd]

If someone violates the copyright it is up to the owner to request it be removed. In fact, if you read the TOS there are details about this.

In fact I already covered this in post 15 of this thread.

Where in the TOS guidelines does it state that the basis a moderator can remove posts can be based just on their personal prejudice, their feelings or their assumptions, or to choose not to, despite the content, with or without owner's approval or knowledge?

[bored]

Where in the TOS guidelines does it state that the basis a moderator can remove posts can be based just on their personal prejudice, their feelings or their assumptions, or to choose not to, despite the content, with or without owner's approval or knowledge?

I'm sorry, I think your response was in error. I only spoke of the TOS in terms of posting copyrighted material.

As far as I know, there is nothing in the TOS that even mentions moderation but if you have any questions about the TOS please quote the passage you would like assistance with and I will do my best to help you.