3 simple words

[hyweljenkins]

You are dead wrong here.

EVERYTHING is (c). Even your face, a finger, your ideas, your voice!

I very much doubt your face, finger or voice are subject to copyright.
For example, anyone can take a photo of anyone else in a public place
and sell it without paying that person in the photo anything. How
could you claim copyright on something you have no hand in making?

 

[Richard]

_"WITH SUFFICIENT PROOF"_

1) a registration number with the copyright office.
2) a notarized statement supporting date of creation.

Publication to a website does not dictate ownership or copyright.
"I own the copyright" is not sufficient proof.
"I created it", is not sufficient proof.

You guys go ahead and keep posting on that board.
Admin will soon grow tired of your harassment and ban you.
If Duende has something to say on the subject, let him speak for
himself.

So far, since I challenged him to proove his claim, he has not said one
word
about it.
IOW, he has no proof.
Are you man enough to stand up for yourself Duende? Fight your own
battles?

I've tried many times to have a host take down an image of myself on
several
sites, my mere word isn't good enough to get that accomplished.
Why should yours be any better?

Sue me. Take it to court.
I'm calling you out coward. You created the mess, now stand up and be
heard
or forever keep your frickin mouth shut.

For you smart ass wannabe barracks lawyers, I am responding to none of you.
The argument is between me and Duende.
If he chooses to ignore me, fine.
He was the one who made the challenge, and if he is not man enough to fight
his own battle, then he should have kept his mouth shut to begin with.

So far, no proof has been offered.
Other than that he "published" the item first.
Doing so, does not grant a person automatic copyright.
Because you have it, does not grant you copyright.

 

[Dylan Parry]

The argument is between me and Duende.

So take it to email or stop the whining. Either way, f*ck off out of
this group and stop airing your dirty laundry in public.

 

[Richard]

_"WITH SUFFICIENT PROOF"_

1) a registration number with the copyright office.
2) a notarized statement supporting date of creation.

Publication to a website does not dictate ownership or copyright.
"I own the copyright" is not sufficient proof.
"I created it", is not sufficient proof.

You guys go ahead and keep posting on that board.
Admin will soon grow tired of your harassment and ban you.
If Duende has something to say on the subject, let him speak for
himself.

So far, since I challenged him to proove his claim, he has not said one
word
about it.
IOW, he has no proof.
Are you man enough to stand up for yourself Duende? Fight your own
battles?

I've tried many times to have a host take down an image of myself on
several
sites, my mere word isn't good enough to get that accomplished.
Why should yours be any better?

Sue me. Take it to court.
I'm calling you out coward. You created the mess, now stand up and be
heard
or forever keep your frickin mouth shut.

http://www.copyright.gov/circs/circ1.html

WHAT IS NOT PROTECTED BY COPYRIGHT?

Several categories of material are generally not eligible for federal
copyright protection. These include among others:

*

Works that have not been fixed in a tangible form of expression (for
example, choreographic works that have not been notated or recorded, or
improvisational speeches or performances that have not been written or
recorded)
*

........Titles, names, short phrases, and slogans; familiar symbols or
designs; mere variations of typographic
.............................................................................
.......^^^^^^^^^^^^^^^^^^^^^
ornamentation, lettering, or coloring; mere listings of ingredients or
contents
*

Ideas, procedures, methods, systems, processes, concepts, principles,
discoveries, or devices, as distinguished from a description, explanation,
or illustration
*

.........Works consisting entirely of information that is common property and
containing no original authorship
.............................................................................
............^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
(for example: standard calendars, height and weight charts, tape measures
and rulers, and lists or tables taken from public documents or other common
sources)

====================================

We can see from this list alone, that there are two probable reasons why
Duende can not claim copyright.
Note that this is only a partial list.

1) familiar symbols or designs
2) common property containing no original authorship.

Taking a photograph of a ruler, skewing it out of proportion, does not grant
me copyright as the ruler is common property.
Unless he were to put something unique and distinguishable within the image,
then he might be able to claim copyright.

As every person has an eye, that makes an image of an eye common property.

===========
http://www.copyright.gov/help/faq/faq-general.html#protect

Do I have to register with your [copyright] office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment
the work is created. You will have to register, however, if you wish to
bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright
Basics, section “Copyright Registration.”
===========

Bingo! No registration, no infringement.
Unless Duende can come up with a registration number, he has no legal
standing.

 

[Travis Newbury]

<sniip>

Richard your interpitation of what is common is wrong. A Ruler may be
common, and if I change the shape of a ruler, I can not claim it as my
own, because it is infact still a ruler (hence that common rule), just
one with a different shape. However, If I take a photo of a ruler, or
draw a ruler, then that is my own original work.

As far as someone sueing you, you can be sued even if the original work
has never been registered. All Someone has to do is show they produced
the work before you did to win. And displaying it publicly (including
on a website) fills that requirement.

 

[Travis Newbury]

So far, no proof has been offered.
Other than that he "published" the item first.
Doing so, does not grant a person automatic copyright.
Because you have it, does not grant you copyright.

Actually displaying an original publicly (that's called publishing it)
DOES grant you a copyright for the work. It just does not "register"
the copyright. But you do not need to "register" the copyright to own
it or protect it.

Registration is optional.

 

[Travis Newbury]

voice!
I very much doubt your face, finger or voice are subject to copyright.
For example, anyone can take a photo of anyone else in a public place
and sell it without paying that person in the photo anything. How
could you claim copyright on something you have no hand in making?

Your face, nope A picture of it is though.

Your finger, same as the face.

Idea's? nope a copyright can only be given for something tangible. I
have to be able to hold it in my hand. (CD's and records fall into this
catagory, only recently has the copyright office given you the ability
to send a recording. It use to only accept a lead sheet for music)

Your Voice? Nope, but the words of what you are saying or singing is.

 

[Hywel Jenkins]

Your face, nope A picture of it is though.

Your finger, same as the face.

Your Voice? Nope, but the words of what you are saying or singing is.

So, you're agreeing with me, then? Good.

 

[Travis Newbury]

So, you're agreeing with me, then? Good.

Absolutly, just pointing out why.

 

[Fat Sam]

_"WITH SUFFICIENT PROOF"_

3 more simple words

"Fecking Shut Up"

 

[SpaceGirl]

3 more simple words

"Fecking Shut Up"

"eat my shorts!"

--


x theSpaceGirl (miranda)

# lead designer @ http://www.dhnewmedia.com #
# remove NO SPAM to email, or use form on website #

 

[Duende]

While sitting in a puddle SpaceGirl scribbled in the mud:

"eat my shorts!"

Sent a memo out to brucie.

 

[Neal]

You are dead wrong here.

EVERYTHING is (c). Even your face, a finger, your ideas, your voice!

Didn't I plonk you?

Besides, you're terribly mistaken. You and Richard, you argue this.

 

[Neal]

Idea's? nope a copyright can only be given for something tangible. I
have to be able to hold it in my hand.

I can copyrigh a musical work. That isn't tangible. If I heard your
song, and remembered it, and performed it from memory, it's never
entered a tangible form, yet I am violating your copyright if i do
this without your permission.

 

[Travis Newbury]

I can copyrigh a musical work. That isn't tangible. If I heard your
song, and remembered it, and performed it from memory, it's never
entered a tangible form, yet I am violating your copyright if i do this
without your permission.

from the US copyright office:

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and
granted by law for original works of authorship fixed in a tangible
medium of expression. Copyright covers both published and unpublished works.

http://www.copyright.gov/help/faq/faq-general.html

 

[Duende]

While sitting in a puddle Travis Newbury scribbled in the mud:

from the US copyright office:

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and
granted by law for original works of authorship fixed in a tangible
medium of expression. Copyright covers both published and unpublished
works.

http://www.copyright.gov/help/faq/faq-general.html

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in
a tangible form that it is perceptible either directly or with the aid of a
machine or device.

 

[Neal]

While sitting in a puddle Travis Newbury scribbled in the mud:


When is my work protected?
Your work is under copyright protection the moment it is created and
fixed in
a tangible form that it is perceptible either directly or with the
aid of a
machine or device.

Right. So you fix your work on paper or tape. I hear you play it live,
learn it, and play it out and make a million bucks. I never even KNEW
of a fixed tangible product.

What's your cut, and why?

 

[Travis Newbury]

While sitting in a puddle Travis Newbury scribbled in the mud:




When is my work protected?
Your work is under copyright protection the moment it is created and fixed in
a tangible form that it is perceptible either directly or with the aid of a
machine or device.

Right, it must be in a tangible format. Tangible formats (for a song)
include a lead sheet, the lyrics, melody, or cords written on a piece of
paper, a recording of the song. Memory is not a tangible form.

tan·gi·ble adj.
1. Discernible by the touch; palpable:
a tangible roughness of the skin.
b. Possible to touch.
c. Possible to be treated as fact; real or concrete: tangible
evidence.
2. Possible to understand or realize: the tangible benefits of the plan.
3. Law. That can be valued monetarily: tangible property.
n.
1. Something palpable or concrete.
2. tangibles Material assets.

 

[Travis Newbury]

Right. So you fix your work on paper or tape. I hear you play it live,
learn it, and play it out and make a million bucks. I never even KNEW of
a fixed tangible product.

It makes no difference if you (as the thief) don't know that I have
fixed this in a tangible format. The moment I realize you are making a
million bucks on my song, I (and my lawyers) will come running.

Of course, the burden of proof that I had in fact written this prior to
you making your millions is up to me. THAT is the main reason you
register. However, that is by no means the only way I could win the
suit. If I could prove that you listened to the song, or if the
tangible format was dated. These could do it too.

Registration is optional.

 

[Neal]

It makes no difference if you (as the thief) don't know that I have
fixed this in a tangible format. The moment I realize you are
making a million bucks on my song, I (and my lawyers) will come
running.

Snipped points cannot be argued.

Still, I copied an intangible product, no? I agree you have a claim,
but i never copied a tangible object. Therefore, it is the
intellectual property contained within the tangible copy which is
actually copyrighted.

Your copyright is measured from the time you make it tangible, but it
is the intangible intellectual idea which is copyrighted. If you
photograph me, you own the copyright of that photo, but any other
shmoe can snap a pic and copyright it too because your copyright is on
the unique setting you have captured.

BTW, the answer to the question is dependant on whether your song had
been recorded or not. If it had been, I owe you 9.1 cents (US) per
copy if the song is under 5 minutes. (8.5 cents a few weeks ago.)