Intellectual Property Law? plus another Question...

is my art protected

By on January 10, 2014 11:53:22 PM from WinCustomize Forums WinCustomize Forums

Disturbedco...

Join Date 02/2007
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Is the Material Protected Under Intellectual Property Law?

Is the Material Protected Under Intellectual Property Law?

You should always start with the presumption that, if the creative work you want to use was first published after 1922, U.S. copyright law protects it. There are only two ways that a work published after 1922 is not protected: Either the owner of the work made a mistake (such as failing to renew the copyright) or the work does not meet the minimum standards for copyright protection.

does this mean my art work is not protected as I never paid to get a copyright on them??

ok that was QUESTION ONE

now for question 2 with a back story so you know if need to...

 

Two days ago (Dream of Equality) to me stole two of my images they downloaded them then uploaded them to their Facebook page... (well that was when I was informed) that they Uploaded my Images... All they had to do was click the SHARE button... they did remove the two Images of mine but only after, I told them that is was wrong to steal my art and upload it to their FB page without getting my permission or at lest giving a link back to my personal FB page..

now some more back story a bit over a year ago I was one of the admins for 'Dream of Equality' and was doing edits to images & made some images for them to use Till one of the co-creators sent me an Image that was WATER MARKED... I sent him an E-Mail stating I am NOT editing this image you do not own it and if this is how you guys do images I can not help with editing any more images for you... shortly after that I removed myself from being an admin from their page...

ok now jumping back to 2 days ago when I made them take my 2 images off their page I'll just give his initials RV one of the Co-Creators try to tell me I stole an image from Dream of Equality (MY own image at that) I told him not so nicely that this is my image I own it... he said No you do not you removed the name (Dream of Equality) off of it....

ok so here is QUESTION two I still own that image Right when I first made this image (link to them at bottom) for a wallpaper then later putting their name on it.. I still own that image right?? so I made a video showing My Psd files at which they do not have and told them show ME that you made this Image cause I can show proof I can... No I wasn't about to upload my .Psd files... but I did make a video and opened it up... and even opened up the .Psd files to the DVD that I made to make my wallpaper with...

 

http://imageshack.com/a/img59/5193/gxcw.png

https://imageshack.com/i/1ngxcwp

 

http://imageshack.com/a/img28/1615/lnrh.png

https://imageshack.com/i/0slnrhp

 

Thanks...

 

 

Is the Material Protected Under Intellectual Property Law?

You should always start with the presumption that, if the creative work you want to use was first published after 1922, U.S. copyright law protects it. There are only two ways that a work published after 1922 is not protected: Either the owner of the work made a mistake (such as failing to renew the copyright) or the work does not meet the minimum standards for copyright protection.

- See more at: http://fairuse.stanford.edu/overview/introduction/getting-permission/#is_the_material_protected_under_intellectual_property_law

You should always start with the presumption that, if the creative work you want to use was first published after 1922, U.S. copyright law protects it. There are only two ways that a work published after 1922 is not protected: Either the owner of the work made a mistake (such as failing to renew the copyright) or the work does not meet the minimum standards for copyright protection.

- See more at: http://fairuse.stanford.edu/overview/introduction/getting-permission/#is_the_material_protected_under_intellectual_property_law

Is the Material Protected Under Intellectual Property Law?

You should always start with the presumption that, if the creative work you want to use was first published after 1922, U.S. copyright law protects it. There are only two ways that a work published after 1922 is not protected: Either the owner of the work made a mistake (such as failing to renew the copyright) or the work does not meet the minimum standards for copyright protection.

- See more at: http://fairuse.stanford.edu/overview/introduction/getting-permission/#is_the_material_protected_under_intellectual_property_law

Is the Material Protected Under Intellectual Property Law?

You should always start with the presumption that, if the creative work you want to use was first published after 1922, U.S. copyright law protects it. There are only two ways that a work published after 1922 is not protected: Either the owner of the work made a mistake (such as failing to renew the copyright) or the work does not meet the minimum standards for copyright protection.

- See more at: http://fairuse.stanford.edu/overview/introduction/getting-permission/#is_the_material_protected_under_intellectual_property_law
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January 10, 2014 11:55:46 PM from WinCustomize Forums WinCustomize Forums

How do you put an image in here... from Image shack

 

[URL=https://imageshack.com/i/1ngxcwp][/URL]

[URL=https://imageshack.com/i/0slnrhp][/URL]

 

 

oh and also note when I made the one with their name on it I still had by Jeff Levy in the bottom right

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January 11, 2014 12:31:29 AM from WinCustomize Forums WinCustomize Forums

does this mean my art work is not protected as I never paid to get a copyright on them??

Answer one....

You do NOT need to pay-to-get-a-copyright.  Artwork has inherent copyright.

Registering an artwork [eg. trademark logo] is simply done to make a lawyer's job easier.

All you need is verification of dated creation psd's [in this case] that demonstrate original creation/ownership.

 

Answer two...

If you 'give' a third party the rights to USE your image that does not necessarily mean you also relinquished copyrights to that image.

...but it can...as long as you said so.

They [the website] would need to show you they possess a formal copyright release written by you...to them.... and that would need to specify the extent of release of rights by you to them.  It could be total - meaning they now 'own' copyright and you do not... [as is the case with employee work for a company] or more commonly only partial....they have a right-to-use but you still hold authorship.

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January 11, 2014 12:46:51 AM from WinCustomize Forums WinCustomize Forums

thanks Jafo,,

so I own it all as I never was an Employee for them just a volunteer to help them like the mods here, who do it for free... 

and I never gave any written release just told them that they could use it for their cover picture... 

and I still didn't tell them to remove that one even though they stole 2 other Images & uploaded them...

 

thanks for the helpful info....

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January 12, 2014 3:44:49 AM from WinCustomize Forums WinCustomize Forums

This has come up time and time again, typically rippers try to bluff folks they think haven't a clue as per their rights as artists. Its really sad some folks think they can just take other peoples hard work and do what they want with it..

As Jafo said..Unless it is in written the form ie: text/IM messages, emails etc  "typically a contract of some form" where the artist transfers ownership freely or for monetary gain ( ie a paid job), an artist retains ownership/control of intellectual property.

Even with written permissions given for a specific use an artist may revoke those permissions at any given time, as they are by default deemed temporary and or conditional. Only with a written transferal of ownership from the artist could they legally obtain full rights to an item and deny you control of your creations use.

In other words unless you said they can use it forever/put it up under a GNU General Public License/ they paid you for said item or you were under their employ and "on the clock" at the time of creation ( as anything you create on your own time does not fall under employer ownership, unless otherwise stipulated in your contract for hire ), you still retain ownership, as well as the rights to revoke usage.

 

 

Typically, it is a good idea if you give folks permission to use an item, include a " permission and condition of use form" with the inclusion of "This permission for use of my intellectual property *name of said item goes here* may be revoked at any time by me."  Or some similar sort of phrasing, thus disallowing for confusion or any chance they might later on try to imply that you relinquished control of ownership..

In cases where you don't know the folks well etc.. you can and have the right to ask them to sign and send the signed terms of permission use form back to you before they can use your property..

If they get all bent out of shape I'd start to question.. why?

 

IMO it's better to cover ur rear ahead of time..

 

Don't let rippers and thieves push you around..

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January 12, 2014 6:41:55 AM from WinCustomize Forums WinCustomize Forums

Dc, Jafo and HG_E have given you excellent advice. It should be heeded.

You could also ask for the advice of legal counsel specializing in the area of intellectual property law, if you feel it worth the investment.

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January 12, 2014 7:57:28 AM from WinCustomize Forums WinCustomize Forums

thanks all

Yes Jafo and HG_E did give me excellent advice and the info I needed and was Leary about...

not Leary about it any more I still 100% own it (the DVD with their name on it) as all I told them was they could use it...

Oh ya and trust me they didn't bully me I was pissed when he said I stole my own Art off their page then took their name off of it after making them remove the two of my other Images they did steal and Upload .....

 

{{bluff folks they think haven't a clue as per their rights as artists.}}

I would say he tried to bluff But he should have known he couldn't bluff with me when a bit over a year ago I told him I am NOT editing an Image I know you do not own (it had Shutterstock) on it... I told him in an E-mail if this is what you guys to is steal other peoples images I can't and will NOT edit any more Images for you... about 3 or 5 days later I removed myself from being one of the admins...

 

thanks all for your help & info.....

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January 12, 2014 8:16:51 AM from WinCustomize Forums WinCustomize Forums

You made the correct ethical and legal decision there, Dc. 

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January 12, 2014 4:46:35 PM from WinCustomize Forums WinCustomize Forums

Quoting Disturbedcomputer,
over a year ago I told him I am NOT editing an Image I know you do not own (it had Shutterstock) on it... I told him in an E-mail if this is what you guys to is steal other peoples images I can't and will NOT edit any more Images for you... about 3 or 5 days later I removed myself from being one of the admins...

 

 

Excellent call. It is good to see folks doing the right thing by refusing to help rippers, not to mention avoiding being caught up in the legal entanglement of when/if someone files suit against them.

 

Good on ya mate

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January 12, 2014 5:20:02 PM from WinCustomize Forums WinCustomize Forums

thanks but it was the only thing to do.. and the right thing to do for my conscience...

 

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