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  1. #21
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    Quote Originally Posted by cloudyandcallie View Post
    OP can sue for damages to her reputation in small claims court.

    And yes, I was a federal law clerk once. (Clerked for Chief USDistrict Judge for the SD of GA. The author of "A Federal Judge's Prayer" was "my" judge, Alec Lawrence, it's a funny rendition of what he had to handle as a federal judge) And a lawyer for over, hmm total of 33 yrs, 28 yrs as trial lawyer. Small claims is for any damages. You don't have to allege copyright infringement to get damages. You just have a monetary limit.
    I'm sorry, we're going to need to see those degrees, copies of your paycheck stubs, social security number and fingerprints, email and bank account passwords...otherwise how can we really be sure you are not a poser?

    Only kidding...but it sure seems like the twilight zone recently around here.


    3 members found this post helpful.

  2. #22

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    Edit: I need to learn to read. C&C answered my question.



  3. #23
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    maybe you should have taken the other road

    Two roads diverged in a wood, and I,
    I took the one less traveled by,
    And that has made all the difference.


    1 members found this post helpful.

  4. #24
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    So any crap written anywhere--- graffiti in a bathroom at a bar-- is protected by copyright from the moment it's scrawled?

    I thought that was only true if you bothered to included the c-circle and year mark with it. No, that's not the same as registering the copyrighted thing.

    Can y'all straighten me out?
    The armchair saddler
    Politically Pro-Cat



  5. #25

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    I don't know whether bathroom graffiti would fall into one of the copyrightable categories, but yes -- if something is copyrightable, the copyright applies at the moment it is put in fixed form.

    No copyright symbol required (although it can help if things go to court, which is why it's still a good idea to include it).



  6. #26
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    Nov. 1, 2010
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    I had someone e-mail me to tell me an article I had written had been stolen and was appearing on the thief's website. The tattler knew the thief and had read the article on the thief's website and got suspicious so she googled some of it which led her to me. I had written the article for a horsey web site that was part of a massive general information website that was owned by, wait for it, The New York Times! The editor of the horsey website was also a victim of this thief too as one of her articles also appeared on the thief's website. After kind requests from both of us went unheeded, the editor turned the matter over to The New York Times legal department.

    The thief removed the articles!



  7. #27
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    Quote Originally Posted by mvp View Post
    So any crap written anywhere--- graffiti in a bathroom at a bar-- is protected by copyright from the moment it's scrawled?

    I thought that was only true if you bothered to included the c-circle and year mark with it. No, that's not the same as registering the copyrighted thing.

    Can y'all straighten me out?
    Me too please. I had no idea that copyright was automatic, about when did that happen?
    Courageous Weenie Eventer Wannabe
    Incredible Invisible



  8. #28
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    Quote Originally Posted by ReSomething View Post
    Me too please. I had no idea that copyright was automatic, about when did that happen?

    it's been that way for quiet a while.

    Somebody atributed it to the doings of Disney that the copyright seems to last forever....

    But I am thinking it's been this way for a long time....

    (Copyright noteworthy trivia: Igor Stravinsky rewrote a musical piece - I am thinking the Firebird Suit, because the copyrights were not acknowledged in all countries, and he prohibited the
    Quote Originally Posted by Bristol Bay View Post
    Try setting your broomstick to fly at a lower altitude.



  9. #29
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    Quote Originally Posted by sketcher View Post
    I'm sorry, we're going to need to see those degrees, copies of your paycheck stubs, social security number and fingerprints, email and bank account passwords...otherwise how can we really be sure you are not a poser?

    Only kidding...but it sure seems like the twilight zone recently around here.
    Hey no, I'll share in Pm
    Mary Baldwin College. Riding under Theodora Spitzer.
    UGA Law, under Dean Cowen. One of 2 women in my class. Only one other woman in the law school. And I was accused of jumping out of Dean Cowen's birthday cake.....when i didn't even know his birthdate. And first woman hired as law clerk by Judge Lawrence. First woman hired by Lewis Slaton as asst DA.
    Pretty hard to miss me in Atlanta. I tried a lot of cases. Some of the appeals won't show my name as only DA and the head of appeals were usually in the published decisions. But if you go to the World of Coca-Cola, chances are the retired cop there in uniform is a retired sex crimes detective who had a lot of cases with me.

    I just think small claims court is a great thing for people who cannot afford lawyers. I helped Carol Lush (Mapelside Farm in PA) get her horses and ponies back before cancer won. And it's all in knowing the law and the psychology of judges and jurors and presenting your case w/o anger.

    ETA In my state, GA, the magistrates in small claims aren't even lawyers usually. It's very informal. But you want to act like you have your case in order, and proceed professionally. And you'll win like Carol Lush did.

    You should always put the copyright c on your original work, just to be sure.
    And register any trademarks. Like the pro roundball couch who registered "Threepeat." He gets $ anytime someone uses it on tv or in print for professional purposes. Or did. I don't think he has kept up with the use of it. I know you do have to renew trademarks. And sometimes they expire, particularly if you don't vigorously defend them. That's why Coke and Xerox get all over people who use the words generically.

    ack, it's coach, not couch.
    Last edited by cloudyandcallie; Dec. 7, 2012 at 02:35 PM.


    1 members found this post helpful.

  10. #30
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    If I could get a do-over on my life and allotta money, I'd go to law school and study intellectual property law. That shizzle is metaphysically interesting.

    Copyrights do have a time limit-- IIRC, the author's life plus 75 years.

    And copyright can protect any version of a work. The quality, medium or venue has nothing to do with it (though I suppose that stuff that's really ephemeral like graffiti on a dry-erase board isn't protectable).

    So, for example, you can copyright a recording of a song and not also own every dang arrangement or remake of it. You can copyright sheet music, of course.

    But, yes, putting that c-circle mark merely gives you the thing to protect. You still have to pony up and fight infringement.
    The armchair saddler
    Politically Pro-Cat


    1 members found this post helpful.

  11. #31
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    Ah right, mvp. I'd forgotten the # of years after death.

    And it's similar with prescription drugs. Which is why it sometimes takes so long to get the generic versions.

    OP should shame the person who "stole" her bio into stopping. People who do that also do other things, sometimes much worse. Might want to start by showing her this thread.

    OP is so nice, that despite all this, she feels sorry for the thief. Because of problems in the thief's domestic life. So that makes OP a really nice person that she can feel sorry for someone who stole her bio.



  12. #32
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    Quote Originally Posted by cloudyandcallie View Post

    I just think small claims court is a great thing for people who cannot afford lawyers. .
    hum, I took Sears to small claims court (which they failed to show up for) over a$100 charge card claim from a a card that been stole from nearly twenty years prior to the supposed charge I made for a home repair. (I told the dude calling evidently he didn't ever have Sears repair anything as they never did anything for a $100)

    After I was awarded damages I had the local police impound one of their service trucks ... they remove the charge after that.


    2 members found this post helpful.

  13. #33
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    Quote Originally Posted by mvp View Post
    If I could get a do-over on my life and allotta money, I'd go to law school and study intellectual property law. That shizzle is metaphysically interesting.
    It really is interesting and the use of social media to share info has made it even more interesting!

    I'm not a lawyer (although my father was a trademark attorney), but I've spent a lot of time investigating the ins and outs because I use public domain images in some of my artwork. Figuring out exactly what is in the public domain, especially when you are looking at original artists from other countries, is pretty interesting. I collect vintage equestrian prints and then use them in collages. My rule of thumb is to never use anything made after 1923 (which is when images in the US are in the public domain) but European copyright laws are different.

    As a PR professional who writes articles for magazines, I also have to be very careful about whose ideas are being represented in articles. I've had "authors" who have inadvertently plagiarized ideas that they picked up from consultants or read research reports . . . but you have to be careful about using particular phrases or concepts because they "belong" to the originator.
    Equine Ink - My soapbox for equestrian writings & reviews.
    EquestrianHow2 - Operating instructions for your horse.



  14. #34
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    Here's the briefest summary I could find:
    http://www.dummies.com/how-to/conten...-cheat-sh.html
    And here's everything you ever wanted to know about copyright (and probably a lot more): http://www.copyright.gov/title17/

    On a related note, if anyone REALLY knows copyright law, I'm trying to find out if the lyrics to TAPS are in the public domain. I've written to Widener College with no response yet, as that is the only possible owner of copyright that I can find.

    Carol
    EDITED TO ADD:
    Bogie, TAPS lyrics were found in a scout manual published in 1915, which certainly would put them in PD. But the author seems to have donated his copyright to Pennsylvania Military College, which has since become Widener. I can't find out anything about how 'donating' or willing a copyright works. Even so, we'd be over the 70 years...but????
    www.ayliprod.com
    Equine Photography in the Northeast



  15. #35
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    Quote Originally Posted by clanter View Post
    hum, I took Sears to small claims court (which they failed to show up for) over a$100 charge card claim from a a card that been stole from nearly twenty years prior to the supposed charge I made for a home repair. (I told the dude calling evidently he didn't ever have Sears repair anything as they never did anything for a $100)

    After I was awarded damages I had the local police impound one of their service trucks ... they remove the charge after that.
    Good girl! Yes, you levy on everything. And if they want it back, they pay up. Great work.



  16. #36

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    Quote Originally Posted by ccoronios View Post
    On a related note, if anyone REALLY knows copyright law, I'm trying to find out if the lyrics to TAPS are in the public domain. I've written to Widener College with no response yet, as that is the only possible owner of copyright that I can find.
    It was published pre-1923, so it's public domain.

    Here's a public domain cheat sheet



  17. #37
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    Quote Originally Posted by Bogie View Post
    ]

    As a PR professional who writes articles for magazines, I also have to be very careful about whose ideas are being represented in articles. I've had "authors" who have inadvertently plagiarized ideas that they picked up from consultants or read research reports . . . but you have to be careful about using particular phrases or concepts because they "belong" to the originator.
    In this life, where I really am an academic, let me pull over for a rant.

    Are you kidding me? People who are professional writers don't know how to footnote, or aren't sure about attribution? That's lame and self-defeating: After all, they are paid for their original ideas, so you'd think that would be an issue that was front-and-center to them.

    Chaps my hide when people think a humanities education ain't worth much and then complain about people who don't know how to write carefully or read carefully.
    The armchair saddler
    Politically Pro-Cat



  18. #38
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    Quote Originally Posted by mvp View Post
    In this life, where I really am an academic, let me pull over for a rant.

    Are you kidding me? People who are professional writers don't know how to footnote, or aren't sure about attribution? That's lame and self-defeating: After all, they are paid for their original ideas, so you'd think that would be an issue that was front-and-center to them.

    Chaps my hide when people think a humanities education ain't worth much and then complain about people who don't know how to write carefully or read carefully.
    No -- people who are marketing managers and engineers don't know enough about attribution. So when they are tasked to write an article, us writers need to work with the attorneys to make sure they are not borrowing ideas.
    Equine Ink - My soapbox for equestrian writings & reviews.
    EquestrianHow2 - Operating instructions for your horse.



  19. #39
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    Quote Originally Posted by Bogie View Post
    No -- people who are marketing managers and engineers don't know enough about attribution. So when they are tasked to write an article, us writers need to work with the attorneys to make sure they are not borrowing ideas.
    Don't kid yourself, engineers and scientists know plenty about attribution and write quite well. Now, they may have enough EGO to think an idea originated with themselves :-)
    "The mighty oak is a nut who stood its ground"

    "...you'll never win Olympic gold by shaking a carrot stick at a warmblood..." see u at x



  20. #40
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    I think scientists know plenty about attribution.

    But average rubes in marketing or engineering needing attorneys to help them give credit where it is due? Nah.... they just needed someone somewhere in their undergraduate career to teach them about documenting sources. You don't need to pay someone with a JD to get them to do that.
    The armchair saddler
    Politically Pro-Cat



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