Copyright

[+tokencollector]

Within the last few months, there have been quite a few individual geocoin threads discussing the potential for copyright violations. This morning, my e-mail contained weekly newsletter that had a piece that may be of interest to the geocoin design community in general.

 

The article "Heavy Metal Madness: Stealing Reddy Kilowatt and Other Tales of Image Theft" was a good read. I wouldn't rely on it as a defense, but it is a somewhat tongue-in-cheek look at potential sources of design elements.

 

A link within the article is more useful. It summarizes copyright protection as a function of image creation date and whether or not the copyright was registered at the time of publication.

 

And, if you like heavy reading, there is the government's copyright site.

 

The first two links are included as they provide a fairly straight-forward and digestible summary of copyright protection. I'm sure that those more familair with the copyright issues may disagree with some of the points raised. Based on previous threads, those familiar with copyright issues are likely to disagree with each other! That said, I hope the information is accurate and provides a good jumping off point for those involved with geocoin design.

[+nielsenc]

As always, if you are in doubt, call a lawyer.

[+Marky]

As always, if you are in doubt, call a lawyer.

Coming up with your own original work is also an option.

[+The Moop Along]

As always, if you are in doubt, call a lawyer.

Coming up with your own original work is also an option.

 

hehehehheheh

[+fairyhoney]

As always, if you are in doubt, call a lawyer.

I imagine that we must have some fellow geocachers that Are lawyers

[+fairyhoney]

New day,new thoughts :

If you look at some of the caching names and/or avatars ....

[+GEO*Trailblazer 1]

The nature of the business Copyright blues.

 

The main concern is with those active images as Looney tunes,Disney, and you know the rest.

 

I read deeply before into this.

There are several things you must know.

My(your) art is yours unless you got a copy of it from somewhere.

This bring up copy...the right has been taken if it states it or has the ©.

And there are those that are © or ™ that are not shown.

Now Patents and Trademarks ™ or ®™ are a different character.

 

The main thing being you can not copyright an idea.

Art is really an idea placed on paper or computer.

 

As long as 9 points are changed the image is not the same.

This is where Ford and Chevy got into it.

Patents,©®™.

Well all they did was change 9 things in the start,a new patent was made for Chevrolet.

The bolts are smaller,the wheels are different,not the same CID on engines,different rear end,transmissions and so on.

The “scenes faire” doctrine (meaning that where there is no other way in which to describe or show something, the questionable object or term is not copyrightable); the “Fair Use” doctrine (a broad term that’s subject to case-by-case definition, meaning that fact-centered usage that does not harm the original may be permitted);

 

Check out ole Tesla and Edison.

Edison vs Tesla

 

More

[+fox-and-the-hound]

New day,new thoughts :

If you look at some of the caching names and/or avatars ....

 

As long as profit doesn't come of it, I don't think there is anything that can be done at all about images or names used.

[+geoSquid]

Two things to remember:

 

Copyright laws vary from place to place. In Canada, for example, copyright need not be registered as it is implied and copyrighted material need not display © marks or other notification.

 

In most jurisdictions, copyright must be enforced by the copyright holder. That is, if you hold copyright and become aware of a violation, you must enforce your rights or risk losing them. This is why you get Disney suing kids for ripped off movies and such - it's not just because they're tossers, it's because they don't have a choice.

Edited May 24, 2007 by geoSquid

[+geoSquid]

 

As long as profit doesn't come of it, I don't think there is anything that can be done at all about images or names used.

 

That would be incorrect.

 

As a minimum, they could get a cease and desist order.

 

At worst, they could get some kind of damage award.

[+fox-and-the-hound]

 

As long as profit doesn't come of it, I don't think there is anything that can be done at all about images or names used.

 

That would be incorrect.

 

As a minimum, they could get a cease and desist order.

 

At worst, they could get some kind of damage award.

 

We're talking about profile names and avatars in this case. They can't get a cease and desist unless profit or slur, damages, etc. is proven. That proof would also have to show a direct link to a specific piece of protected material as well. Damages would normally be awarded in response to profits made or damages taken, but again we're talking about profiles.

 

That being said, there are several projects I have declined to take because they more than crossed the line when it came time to make a geocoin that might be sold for profit at some point. My own avatar and profile name is case in point. The name has nothing to do with the book or subsequent movie (it's actually a different spelling and wording as well). It is actually a metaphor in my case and in Eric's case his family name so nothing could ever be done about it.

[+fox-and-the-hound]

I should clarify a bit. If you were to call yourself "Bugs Bunny" and use the Warner Bros. copyrighted bunny image in your geocaching profile, I doubt there is anything that could be done about it. At the same time if you were to use it as your profile on a hate mongering website, you could indeed be told to cease and desist. If you were to use the above example as your gc profile and later decided to make your bunny-based geocoin and sell it, you could most definitely be sued for profits made and various fines could be levied. Using an image for your avatar or a popular name for you profile won't likely get you into any trouble though. It's akin to thinking you might get in trouble for using a photo off the web for you desktop wallpaper. It's not until you attempt to sell it for some type of commercial gain or promote propaganda that you might need to look out.

Edited May 24, 2007 by fox-and-the-hound