COPYRIGHTS!!!!!!!!

*All information posted here is copy/pasted from:
http://www.rightsforartists.com/copyright.html

Per The Copyright Act of 1976 (effective in 1978), there are three fundamental criteria to establish copyright:

• Fixation to a tangible medium
• Originality
• Minimal creativity

Registering your original work with the Office of Copyright is not required for intellectual property to be protected by copyright.¹

Names, titles, slogans and short phrases are not protected by copyright law but may be protected under trademark, tradename or slogan mark laws.

(READ THIS NEXT PART.....IT'S VERY IMPORTANT)

¹While registering for copyright is not required, the legal registration with the Office of Copyright will benefit the copyright owner should an issue of infringement occur. Registering copyright is beneficial because you cannot sue for copyright infringement without registration.

So.....If you have not registered a piece of art, poem, photo, SCRAPKIT, etc.
Thru the Copyright office, IT IS NOT PROTECTED!!!!!

*YOU CAN NOT SUE FOR COPYRIGHT INFRINGEMENT WITHOUT REGISTRATION*

Isn't everything on the Internet "public domain"?

To the contrary, the vast majority of the images, graphics, writing, music, etc., that is online is copyrighted to someone.

Only works with an expired copyright, works created by the government, or works specifically dedicated by the copyright holder as "public domain" are considered public domain.

*Again, they need to have it registered....(Each Piece of artwork or Kit)

Then everything is copyrighted?

The following are basic limitations on copyright:

• Facts, concepts and ideas are not protected by copyright. How the fact, concept and/or idea is expressed via tangible creation is protected.

• Works not protected by copyright are considered in public domain and belong to the public for free use. Works with an expired copyright are free use.

• Fair use exceptions are allowable for such purposes of teaching, research, news reports, parodies, and critiques provided that the value of the copyrighted material is protected.

See "Definitions: Fair Use" for clarification.

*we have all used the fair act crap before....however....the line above that is more useful in our fight, If it is NOT registered, it is not protected, and they can not sue. PERIOD*
Don't believe me???? Read on.....

What does that copyright notice do?

The use of the symbol © was required after the Copyright Act of 1976. However, after the Berne Convention in March 1989, this notice became optional (a notice of copyright on works created before this date is important due to the legal requirements at the time of creation).

Use of the complete copyright notice is recommended on all original works because the notice will benefit the copyright owner should an issue of infringement occur. A violator cannot claim innocence regarding the established copyright if the copyright notice is apparent.

In addition, the Digital Millennium Copyright Act in 1998 makes it illegal to remove Copyright Management Information from protected works.

Some countries may still require a notice of reservation of rights such as the indication, "All rights reserved".

Be advised that simply placing a copyright symbol or notice on your intellectual property (web pages, writing, etc.) does not legally register the material; the only method for registering your copyright is through the U.S. Copyright Office.

Did you get that above line?????? All you "Designer's and Tube Dealers???"

*So unless the Digital Scrap book Designer's have registered each kit thru the Copyright office, it is not legally

Copyrighted.....and is thus, public domain.

So how do I legally copyright my work?

In the United States, applying for registered copyright is done through the U.S. Copyright Office.

The actual registration process can take up to 8 months to complete. Be patient.

You can find all the forms online for download at the U.S. Copyright Office Forms page.

Be sure to send your copyright forms and materials by registered or certified mail and requested a return receipt from the post office.

The basic filing fee, as of July 1, 2006, per registration is $45.00 (includes registrations, document recordation, supplementary registration, search services, certificates, and additional certificates). The Copyright Office proposes, on or about July 1, 2007, a reduced fee of $35.00 for an electronic filing of a basic copyright registration while retaining the current $45.00 fee for a paper application.

Can't I scan an image and put it online?

If you are not the original creator or copyright owner of the image, you cannot legally redistribute that image. Scanning an image and placing it online is redistribution and it is a breach of copyright.

This includes images found in magazines, books, newspapers, greeting cards, calendars, catalogs, CD covers, brochures, etc.

Major companies such as Disney, Hallmark, Warner Brothers, etc., have very strict regulations about the redistribution of their property.

You cannot legally scan and redistribute photographs, cartoons, illustrations, drawings, etc., if they are protected by copyright.

You cannot legally create a "fan site" using copyrighted photographs without the expressed permission of the photographer or copyright owner.

You cannot "freeze" an image from a television program, movie, or film for redistribution. The television program, movie, or film is protected by copyright as a complete entity and as individual frames.

It is prudent to assume that everything that is published has a restricted copyright. Check the source of the image you want to scan for its copyright restrictions.

*****THE MOST IMPORTANT OF ANY AND ALL WITCH HUNTS******

Is email copyrighted?

Yes it is.

The original author of an email letter holds the copyright on that email and that email is protected under the same laws as a physical letter.

So unless the author has granted permission for the email to be reprinted or it is being reprinted under the conditions of fair use, the reproduction, forwarding, copying or modifying an email is copyright infringement.

***AGAIN GOOD TO KNOW ON THIS WITCH HUNT BULLSHIT***

I have seen sites that make claims that if you "join their group", your copyright is protected. Is this for real?

Not unless the group is a law firm who handles issues of copyright and trademark law and have been retained to register your copyright. There may be companies that exist who, for a fee, agree to reproduce and register your intellectual property with the US Office of Copyright.

No online club, or "group" will protect your copyright simply by joining.

Why? Because copyright inherently exists as the result of creating original intellectual property and fixing it to a tangible medium. Period.

There is an insurgence of "copyright groups" who advocate exposing copyright theft, bashing copyright violators, and using a "gang mentality" to discourage the unlawful use of intellectual property. This is not protection against copyright violators.

Be advised, harassment of any kind is illegal and punishable by law. Publishing the names of alleged copyright violators, excessive email or threatening email, posting "flames" to forums, guestbooks, comments, etc. May constitute harassment.

*DID YOU GET THAT????

In addition, to make a claim (via email, forum or website) that an individual/website has committed an illegal act subjects the individual making the claim to the legal liability of libel.

Two wrongs do not make a right.

Therefore, if you want to legally protect your copyright, visit the U.S. Copyright Office or an attorney to register your copyrights.

If you feel your copyright(s) have been violated, seek only the counsel of an attorney or proper legal advice. Pursuing individuals through "gang flaming" may result in numerous additional legal ramifications.

The violation of your copyright is a legal matter and exists only between the original creator/copyright holder and the alleged violator. Encouraging group action may not only be illegal but can weaken your case should your situation be pursued through litigation.

So can Designer's or Tube Stores share information of the accused?

NO!!!!

Can they threaten them, legally?

NO!!!!!!!!

ARE SCRAP KITS PROTECTED BY LEGAL COPYRIGHT??

NOT UNLESS IT'S REGISTERED!!!!!!!!!

A Dawn Of A New Era????

Well, not to long ago it was the artist's on a witch hunt looking for those "pirating" groups sharing tubes. Well, now a much bugger hunt has begun over the past week or so with Digital scrap designers.
"They will Find Us"
Blog after blog of bullshit, forum's talking about shit they don't know about.
Are there Yahoo groups out there that share digital scrap kits????
Yes!
And do you know how many????
100's!
With so many members, and they share with friends, and their friends share with friends...
Piracy can not be stopped.
People still share music, they still download movies and e-books.
Piracy, my friends is here to stay.

These designer's who say "We will find you"! Have no fucking clue about how shit is done.
Yes, some people share links to websites like Rapidshare, 4Shared, and others.
But the good ones, the REALLY good ones....you know nothing about.
You will not find us. You will not report us.
You will do nothing.

And this bullshit about posting someone's email address on public blog, my friend is against the law. You can't do that!!!
And so you are taking one "wrong" thing, and doing something worse.
Yes.......I said WORSE!
Period....she could sue and win....something to think about PAM!!!!

Since we all like to share things amongst us pirates....
Here is Pam's blog all you ship mates....

http://pamleforsdesigns.blogspot.com/

Good reading....she is feeding her kids with the $ she makes from
scrap sales, yet is going to hire a lawyer too???
And she must not have any other type of work, since it takes her 10-12 hours to make the crap she's selling. Good to know where my tax money is going, that's all I have to say.