Illegal Copying of my work

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Re: Illegal Copying of my work

Postby BarbaraC » Mon Nov 02, 2009 7:56 am

Mark, putting a copyright notice on any intellectual product is more warning than anything else along with half a leg to stand on in court. All of it is copyrighted with or without the notice for a minimum of 70-odd years, though I think that number has now jumped up to 90 or thereabouts. So, you can figure that anything close to a hundred years old is in the public domain, but that's not always true either since copyrights can be renewed by, for instance, the artist's family. Then, of course, there's anything that's clearly stated to be in the public domain. Other than that and in cases such as Lynn's, the work is automatically copyrighted, though to bring legal action is time- and money-consuming.

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Re: Illegal Copying of my work

Postby bellzerr » Mon Nov 02, 2009 8:08 am

Barbara -
Golly. That's changed from my understanding of copyright law (though it's been a long time ago since I actually read anything on it). I thought you always had to claim your copyright with a copyright notice on any publication of a work. Live and learn. :)
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Re: Illegal Copying of my work

Postby BarbaraC » Mon Nov 02, 2009 8:17 am

Mark, for big stuff like a book or movie or music album, you don't have to pay the government to register your copyright, but it's a darned good idea! Much easier to win a case if everything is in black-and-white. :D

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Re: Illegal Copying of my work

Postby bellzerr » Mon Nov 02, 2009 8:25 am

Barb,
I knew registering is only required when and if you ever take a case to court. I just thought that publishing without claiming your copyrights meant you were surrendering rights to the public domain. Things are all screwy now due to softare and e-books and all. Who can keep up?
Mark

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Re: Illegal Copying of my work

Postby BarbaraC » Mon Nov 02, 2009 8:31 am

Probably the easiest way to figure it is that it's yours until you say it's not...for whatever that's worth in this brave new digital world.

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Re: Illegal Copying of my work

Postby caganaudie » Mon Nov 02, 2009 8:42 am

I believe it is all in the "contract". Unless otherwise stated, if I contract with you to put together a slide show with my pictures and you do not state otherwise, you have not rights to the final product. It is mine to do what ever I please and you have no rights. (-: That's what my God Father taught me :-)

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Re: Illegal Copying of my work

Postby BarbaraC » Mon Nov 02, 2009 9:13 am

caganaudie wrote:...you have not rights to the final product. It is mine to do what ever I please and you have no rights.

Dangerous thinking. People have thought the same about music because the information was so hard to dig out or because they didn't know to look for it, and they've been burned.

But anyway, the pictures in this instance may not belong to the person building the show, but don't forget that everything other than those pictures along with the way all of it is designed and handled belongs to the builder of that show, not the purchaser unless otherwise contracted. Think of it this way: What if you use someone else's photos in a magazine article that you write? Who owns it? the photographer? The magazine? You?

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Re: Illegal Copying of my work

Postby caganaudie » Mon Nov 02, 2009 9:41 am

If music is copyrighted you are correct. But, if I contract you to write an article for me and you do not state otherwise - it is mine ...not yours. You are providing your creative services. It is a service. Same with slide shows. Parts of show may already be copyrighted not the show itself. (God Father Rule #3 :-)

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Re: Illegal Copying of my work

Postby quikchip » Mon Nov 02, 2009 9:56 am

Do you use a contract? If so, what does it state? Anyone else use contracts?

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Re: Illegal Copying of my work

Postby BarbaraC » Mon Nov 02, 2009 10:18 am

caganaudie wrote:But, if I contract you to write an article for me and you do not state otherwise - it is mine ...not yours. You are providing your creative services. It is a service. Same with slide shows. Parts of show may already be copyrighted not the show itself.

The flaw in what you're saying is in your use of the word "contract." The assumption is always in the positive, not the negative. Assume there's a copyright unless otherwise stated. I wrote professionally for many years, and believe me, I and every other writer would never have written a single word if your take on how things are were the real one. :(

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Re: Illegal Copying of my work

Postby caganaudie » Mon Nov 02, 2009 10:42 am

I am an attorney so you may be correct. But in my past life I have hired writers and consultants to create presentations and speeches for our company and I can assure you our legal agreements with them clearly stated we owned the speech and/or presentation and they could not use part or whole it them or claim rights.

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Re: Illegal Copying of my work

Postby BarbaraC » Mon Nov 02, 2009 12:17 pm

It would seem we're arguing on the same side of the fence. :D It's all in the contract.

I don't know if it's called the same thing in your instance, but in writing, it's called "work for hire." This is something to be avoided in creative writing.

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Re: Illegal Copying of my work

Postby quikchip » Mon Nov 02, 2009 1:09 pm

OK ... now that you two have made up .... I still have a question?

Does anyone selling slide shows use a contract (agreement)? If so, what does it state in regards to copy rights or distribution or duplication?

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Re: Illegal Copying of my work

Postby pturton » Mon Nov 23, 2009 1:16 pm

caganaudie wrote:Curiosity has gotten the best of me, so I have to ask: How much do you charge for your shows?

Caganaudie


I do not know what the OP charges but a friend who is considering this market recently told me that the competion he will face are charging $10 per image with a total cost to client usually running about $500. This charge is for a plain show with no real creativity involved - basically a random play of the family submitted images.

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Re: Illegal Copying of my work

Postby NLAlston » Sat Aug 21, 2010 2:47 pm

anitaemile wrote: Why not just sell one DVD for a price you can live with and have these people copy as many as they like? You can also offer them copies for say, a few $$, if you want to make additional money, but just leave the actual project , original DVD be the money maker?
Anita


This is exactly what "I" do.
BLESSINGS,
Nathan
(PSP7)

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