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by Redacted · in General Discussion · 05/20/2004 (5:26 pm) · 29 replies
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#3
If not, you should be ok. I doubt anyone would recognize let alone call you on it, and if you took the photo your within your legal bounds.
Same thing with the textile store, just make sure they let you take pictures first, the store may have a policy against it.
Avoid any kind of logos and what not as before.
The company sells you the wall paper, you paid for it, your fine. As long as you don't copy their pattern and start manufacturing wall paper and selling it with that pattern, no one will care. ;)
There are tons of resources on the web where you can look up the little details and nuanches of copyright law. Just search on google... :)
05/20/2004 (6:36 pm)
Look closely at the textile pattern and check for any little (C)'s or (R)'s or TM'sIf not, you should be ok. I doubt anyone would recognize let alone call you on it, and if you took the photo your within your legal bounds.
Same thing with the textile store, just make sure they let you take pictures first, the store may have a policy against it.
Avoid any kind of logos and what not as before.
The company sells you the wall paper, you paid for it, your fine. As long as you don't copy their pattern and start manufacturing wall paper and selling it with that pattern, no one will care. ;)
There are tons of resources on the web where you can look up the little details and nuanches of copyright law. Just search on google... :)
#4
05/20/2004 (6:38 pm)
Also, as far as *I* know, a lot of textile manufactures do not copyright a lot of their pattens, as it is rather expensive for such a trivial matter. The only time I think I've ever heard of them doing it is when competing companies try to rip off their specific patterns. Chances are, your wall paper artwork was never copyrighted, and if it's older wall paper it was, it's probably expired.
#6
On the other hand, I've never, ever heard of someone getting sued for re-using such a pattern in another context.
Then again, this may be the reason so many games end up using concrete and brick textures everywhere.
05/20/2004 (8:40 pm)
A little misinformation in this thread. Copyright is automatic, and free. Textile manufacturers absolutely do own the copyright to their patterns. Copyright's don't expire for 75+ years, so anything currently in production probably hasn't expired either.On the other hand, I've never, ever heard of someone getting sued for re-using such a pattern in another context.
Then again, this may be the reason so many games end up using concrete and brick textures everywhere.
#8
OTOH, I've heard of a movie company being sued by an artist who noticed his painting was in a movie, without consent. So, who knows?
05/21/2004 (2:12 am)
Somehow, software goes by different rules. Cars, for example, must have been previously authorized for a game even though it doesn't have to for a movie (and often they actually pay to get into a movie).OTOH, I've heard of a movie company being sued by an artist who noticed his painting was in a movie, without consent. So, who knows?
#9
05/21/2004 (7:00 am)
Actually, if you're making a movie that includes a car's logo or something akin to a special prototype that is easily discernable as a certain make or model, then you can be sued. Using your typical luxury car won't get you sued unless they see the Lexus or BMW logo. Some automakers don't care or will endorse even no-budget films with their permission, though.
#10
Actually, that's a common misconception. For you to have any legal grounds you need to register with the US Copyright Office, through the official form for the medium your copyrighting. Registration costs $30.00, and simple application forms with basic instructions are available from the Copyright Office. It would be prohibitively expensive for prolific authors or artists to register individual items other than in the context of existing mediums. Their options much improve when multiple works can be registered as a collection.
The list of registration fee's can be found here: www.copyright.gov/docs/fees.html
You were right about the length though, I only speak about my Copyright experience from experience when I copyrighted several websites back in 1997. Back then, I got a notice that said my copyright had to be renewed every 4 years, but in 1998 The Sonny Bono Copyright Term Extension Act was signed into place which guarantees Copyright for the life of the owner + 70 years. More info here www.copyright.gov/fls/sl15.html
Glad you mentioned that!
05/21/2004 (3:17 pm)
Quote:Copyright is automatic, and free.
Actually, that's a common misconception. For you to have any legal grounds you need to register with the US Copyright Office, through the official form for the medium your copyrighting. Registration costs $30.00, and simple application forms with basic instructions are available from the Copyright Office. It would be prohibitively expensive for prolific authors or artists to register individual items other than in the context of existing mediums. Their options much improve when multiple works can be registered as a collection.
The list of registration fee's can be found here: www.copyright.gov/docs/fees.html
You were right about the length though, I only speak about my Copyright experience from experience when I copyrighted several websites back in 1997. Back then, I got a notice that said my copyright had to be renewed every 4 years, but in 1998 The Sonny Bono Copyright Term Extension Act was signed into place which guarantees Copyright for the life of the owner + 70 years. More info here www.copyright.gov/fls/sl15.html
Glad you mentioned that!
#11
Actually, I think you're the one quoting a misconception. Registering a copyright will make it much easier to seek damages and give you stronger protection under the law, but it is by no means required to register to enforce your automatic copyright protections.
EDIT: Here's a link from the same site you referenced: http://www.copyright.gov/circs/circ1.html#hsc
05/21/2004 (3:21 pm)
Quote:Actually, that's a common misconception. For you to have any legal grounds you need to register with the US Copyright Office, through the official form for the medium your copyrighting.
Actually, I think you're the one quoting a misconception. Registering a copyright will make it much easier to seek damages and give you stronger protection under the law, but it is by no means required to register to enforce your automatic copyright protections.
EDIT: Here's a link from the same site you referenced: http://www.copyright.gov/circs/circ1.html#hsc
#13
The (c) is a red herring - it's something that's useful in court later on, but everything is under copyright unless the copyright has expired, or the owner has specifically stated that the work is in the public domain.
Technically, you probably can't use wallpaper or linoleum that has recognizable patterns without permission. Again, I highly doubt anyone would ever drag you into court over this, but we're talking technicalities.
You might try writing the manufacterer and asking - I'm sure they'd grant permission free of charge, provided you aren't making Linoleum simulator 3000 or something.
05/21/2004 (3:30 pm)
@Joseph:The (c) is a red herring - it's something that's useful in court later on, but everything is under copyright unless the copyright has expired, or the owner has specifically stated that the work is in the public domain.
Technically, you probably can't use wallpaper or linoleum that has recognizable patterns without permission. Again, I highly doubt anyone would ever drag you into court over this, but we're talking technicalities.
You might try writing the manufacterer and asking - I'm sure they'd grant permission free of charge, provided you aren't making Linoleum simulator 3000 or something.
#14
05/21/2004 (3:31 pm)
Hah, well I'll be a son of a monkey. Dang, don't know how I missed that. ;) 
#16
1) Copyright enforcement is *not* black and white, trials are won in court on a case by case bases.
2) Anything *you* fully create is *your* property. That is, if you write something you made up, it's yours. If you draw something, it's yours, if you program something, it's yours. The copyright is automatically implied, and the symbol is nothing more than a warning.
Since the above is true, and more than one person can come up with the same creation, the one who can prove they were the ones to come up with it first will *most likely* win in a court case. This is why you want to legally copyright your creations... Though some will mail a copy of their works to themselves to get a date stamp on it from the USPS and leave it unopened. But I think when it comes down to it, Legally copy written > USPS Time stamp... but I am not sure there.
3) At least when television is concerned, you can have copyrighted materials if it isn't intentionally part of the images or audio presented. For example, if you have an interview with someone who is standing near a FedEx mailbox and someone is in a car nearby listening to Brittany Spears latest album, you only have to get permission from the person being interviewed. Since every part of a videogame is intentionally added, I think you could have something to worry about.
4) Always ask for permission if you are going to intentionally add something you didn't make. You would be surprised how many companies will say yes "so long as you mention them in the credits".
-Jeff
05/21/2004 (4:38 pm)
I have to deal with this issue from time to time since I work for a TV station. Here is the gist of it:1) Copyright enforcement is *not* black and white, trials are won in court on a case by case bases.
2) Anything *you* fully create is *your* property. That is, if you write something you made up, it's yours. If you draw something, it's yours, if you program something, it's yours. The copyright is automatically implied, and the symbol is nothing more than a warning.
Since the above is true, and more than one person can come up with the same creation, the one who can prove they were the ones to come up with it first will *most likely* win in a court case. This is why you want to legally copyright your creations... Though some will mail a copy of their works to themselves to get a date stamp on it from the USPS and leave it unopened. But I think when it comes down to it, Legally copy written > USPS Time stamp... but I am not sure there.
3) At least when television is concerned, you can have copyrighted materials if it isn't intentionally part of the images or audio presented. For example, if you have an interview with someone who is standing near a FedEx mailbox and someone is in a car nearby listening to Brittany Spears latest album, you only have to get permission from the person being interviewed. Since every part of a videogame is intentionally added, I think you could have something to worry about.
4) Always ask for permission if you are going to intentionally add something you didn't make. You would be surprised how many companies will say yes "so long as you mention them in the credits".
-Jeff
#18
I've heard the statement many times in many forums that a good way to protect your copyrighted works is to mail yourself a sealed copy of the work in question.
This is a huge misconception. While on the surface this makes sense, in actuality very few US courts even allow this sort of evidence into a case. Simply because, it's too easy to tamper with and / or fake this sort of 'evidence'. This is _not_ a realiable way to protect your copyrights!
Just wanted to clear up another misconception in this thread.
Notice I said "most US courts". To be sure of evidence submission criteria in your area, check with an Attorney.
*EDIT* Spelling
05/21/2004 (6:13 pm)
Just a quick clarification on what Jeff said - I've heard the statement many times in many forums that a good way to protect your copyrighted works is to mail yourself a sealed copy of the work in question.
This is a huge misconception. While on the surface this makes sense, in actuality very few US courts even allow this sort of evidence into a case. Simply because, it's too easy to tamper with and / or fake this sort of 'evidence'. This is _not_ a realiable way to protect your copyrights!
Just wanted to clear up another misconception in this thread.
*EDIT* Spelling
#19
Although if you can't afford a legal copyright, it's still not a bad idea to use mail... at least you *may* have something admissible.
-Jeff
05/21/2004 (6:23 pm)
Chris is correct, it really depends on the court.Although if you can't afford a legal copyright, it's still not a bad idea to use mail... at least you *may* have something admissible.
-Jeff
#20
If you don't want to pay registration fees, just go on down to your local small business center and have a copy dated and notarized - it's more reliable and the courts haven't torn that one up yet.
05/21/2004 (7:15 pm)
It's still a terrible idea to use mail, since it's actively been thrown out of courts more than once.If you don't want to pay registration fees, just go on down to your local small business center and have a copy dated and notarized - it's more reliable and the courts haven't torn that one up yet.
Torque 3D Owner dsfsd
If it's simply a pattern, or especially just the tile of your floor, and YOU took the photos, your fine.