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Online copyrights...

Online copyrights...

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?
8,722 views 38 replies
Reply #26 Top
My only gripe with your approach bakerstreet is that you try to produce as much evidence as you can to discredit this particular form of copyright protection without coming up with a worthwhile alternative. It's easy to say something won't work, but not so easy to produce a better solution at the same time.
Reply #27 Top
I didn't mean what I said to come out as an attack on you, but rather an expression of my continuing irritation over this issue and the lack of constructive discussion that goes on about it. On the one hand we have threads complaining loudly about particular instances of copyright theft, and on the other those threads where we're constantly told how pointless it is to attempt to protect our work.

For once I'd like to see the thread that turns toward constructive discussion on how to combat the problem, instead of these depressing displays of defeatism. I've tried to start such a thread on more than one occasion, but they invariably turn into discussions about what doesn't work, rather than coming up with new ideas.
Reply #28 Top
???? what?

I'm sorry, grey, but if you go back to the first post I made I gave the *only* alternative. Go to the Copyright office page, and see what they say to do.

a) if you made it, you already have copyright.

b) if you want dated proof of copyright, register it. Last i read it costs a whopping $30 dollars in the US.

I didn't offer any other options because there *aren't* any other options. Granted, once you are successful enough to have an agent or belong to a union or guild, they may allow you an advocate or even a way of storing your work with a more impartial party. In the end, though, it is gonna come down to you having to take the other person to court. I'm sorry if that isn't enough, but it isn't really in my hands...
Reply #29 Top
greyhaze: i was typing while you were posting #27. As I said, there is already a solution to your problem, registering with the Copyright office. I'm not at all telling you it is pointless to protect your work, i am telling you that it is meaningless to mail it to yourself, since no one is gonna accept that as evidence.

I think anyone can tell you (especially the administration at other sites) that I am the last one to have a defeatist attitude about this. There are noteworthy people in this community that I have pretty much torpedoed my relationship with because I insisted on them taking the time to remove items that shouldn't be there. Jafo has suffered as much or more than I have, too.

I don't know where you got the idea that I am defeatist about this, I just don't want people to feel safer than they are, or waste their time on methods that don't work.
Reply #30 Top
baker....the US Copyright Office is the US.....there is a world outside it...[the US]
You are wrong. It has been done.
Reply #31 Top
Fine, jafo. I guess your word is good enough. A shame mine isn't.
Reply #32 Top
baker....not so....your investigation of 'local' copyright law is probably 'spot on'...it's just not relevant necessarily world-wide.
Bush may consider the USA as the centre/center of the universe, but it really ain't...
On some levels of Australian Law, a carded Registered Mail is considered to have been legally delivered even though the recipient has only been notified that a package is at the PO for pickup and hasn't physically got it in his hot little hands, but only a postal notice that something is awaiting pickup.
Different strokes for different folks...
Reply #33 Top
Exactly Jafo. Here in the UK it's a very similar situation. Again I could be wrong, but I've heard of copyright cases here in the UK being won on the basis of 'poor man's copyright'. It may be 'poor man's', but it's still copyright.

Perhaps the US doesn't offer the same kind of protection. It seems downright ridiculous that you should need to spend out $30 to protect each and every work you create. What's the point of having a law which grants copyright on creation, if you have no way to enforce that law??
Reply #34 Top
Baker: You're wrong, you defeatist!


Anyhow, say someone has used something you made, what then? Go to Court about it? Legal counseling is expensive, especially if you lose the case.

And what would the case be? You proving that "they" used your work? That would mean that a) you'd have to prove that your work predates theirs; and b) that they had access to it. You'd have to prove both.

Or would it be the other way around? They would have to prove it's their own creation?

Tricky.
Reply #35 Top
crea: from what I got yesterday, the date has little or nothing to do with it. You have to prove that you owned the copyright ( not just possessed the work, a.k.a. "registered mail" ), and that they had the means to get their hands on it. By the time you get them in court, they know when you are claiming to have made it, and they can just claim to have made it before you. If they say it sat around in their drawer for ten years before they did anything with it, it is up to you to prove it didn't. IN our case I suppose it would mean showing that we created the work with layered image files, rough drafts, etc.; and testifying to the fact we never sold it or gave permission to use it.

**

Jafo, you're absolutely right, Registered Mail certifies that it has been legally *delivered*, and has nothing to say about what was in the package then, and whether it is the same contents now... *YEARS* after it has been delivered. Don't you see how insane that is?

I don't mean to be a smart-alek. If you and greyhaze can get something besides "I say it, therefore it is true", I would love to see it. I went out of my way to back up my opinion, so I'm leaving the rest to you. It is your point to prove.

Personally, the idea of "poor man's copyright" makes me feel much less protected. Anyone with access to my work and an older postmark than mine could take me to the cleaners, or at least haul me into court whenever they they want to cause me problems. That just isn't so.

**

Some things I learned yesterday were *depressing*... so before you get all comfy with your own nation's legal system, remember that to stop someone in another nation, you'll have to prove they are breaking the law *there*, and prove it according to that nation's standards of evidence. Look at the conflict between us, and our three nations are cupcakes...

We have it *good*. ISPs listen when the rippers themselves won't. So far we don't have any horror stories. I am very, very dubious as to how long we will stay this lucky.
Reply #36 Top
baker...just a few months ago, International Legal precedent was set over a libel case relating to comments made on another country's website. The Australian High Court determined there was a case to answer.
I can't recall the details, but let's just say the world got a great deal smaller because of it....
Reply #37 Top
Jafo: what did they actually decide they could do to enforce the outcome of such a case, or did it rely upon the foreign government to voluntarily to it for them?
Reply #38 Top
As I recall....extradition was allowed for the US site owners to be tried in Australia under Australian Law.
As I said, it was a landmark case, world-wide...

I'll have to go find some info on it if I can. It was about 2 or 3 months ago...