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AkaTsukiSakuya β No 'Nonexistent Copyright'
Published: 2010-07-05 17:44:09 +0000 UTC; Views: 3012; Favourites: 156; Downloads: 25
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Description
Inspired by an entity I shall not name."of our theme IS NOT [oddremixname] but rather [highlyUNoriginalname] because using [oddremixname] would be infringing upon your nonexistent legal copyright and we wanted to come up with something more original and that we wanted to call OUR theme"
Enough with these kinds of excuses! Because:
"Copyright is secured automatically when the work is created, and a work is "created" when it exists in some physical form, or "fixed" in a copy or phonorecord for the first time."
'Nuff said...
EDIT:: A Conversation From Comments Below
"Unless a work is created by the United States government."
"You mean the Constitution and Laws?"
"No, I mean photos and images owned and created by the U.S. government. These images are automatically released into the public domain."
"Ah. ^^"
"I use them all the time for my job. We do a lot of web posts on NASA, which, btw, has an amazing gallery of images on their website that are free to use for everyone."
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Comments: 28
Actually, the lack of a copyright notice is how Carnival of Souls became public domain in the US of A.Β
It wasn't until later that the giant companies revised this to keep anymore fish from slipping through the nets.Β
Like all the consoles now come with a disclaimer saying that you don't OWN the game you bought, the game company LOANED it to you... after a court order said the Game Genie was legal because people are free to do what they wish with a game they now own.Β
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Technically, the American constitution specifies that copyright exists for a limited time. Literally everything MUSTΒ end being copyrighted at one point.
wiki.lessig.org/Against_perpetβ¦
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copyrights are no longer existent after the death of the person plus 70 years for an individual. there is a similar law regarding businesses, but cant remember off the top of my head.
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Only one thing is impossible for God:
To find any sense in any copyright law on the planet.
~Mark Twain
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Actually there is: Public Domain, Creative Commons and Trademark are some examples.
Copyright does secure something when it's created but there are certain kinds of intellectual property that can not be copyrighted like: Pen names/nicknames, celebrity photos (except for some special cases), a logo purely made of fonts (like Coca-Cola logo), etc. these are cases of trademark.
Trademarks only protect your intellectual property to be exploited so as long as it isn't for marketing you are free to use them. If a store, clothing brand, restaurant or another commerce use your image of logo the case can be brought to court for example.
Creative commons is an alternative for copyright where authors gives permission to re-use, modify and distribute their works to anyone unless there is any kind of profit involved (either money or fame). Personally I like it more than copyright
Public domain is almost every material released for educational purposes, also, when an author has been death for over 70 years the works become public domain (that's why there are many products with Van Gogh and DaVinci paintings for example).
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In Creative Commons, the authors or artist have given their copyrights. So they're kind of exercising their rights right there 
Public Domain also covers anything by the government.
And it really depends on who holds the rights--the author/artist or the company? Even if the creator of a comic book character has been dead for a while, you can't start using the character any time after death because the company owns the design, character and all.
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Yeah that happens in that kind of industry, but I'm not sure if they are still bold to the 70 years rule.
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Bold?
If you mean immune--well, the company is still technically alive XD And while people to make copies of characters (that somehow become more popular than the original), they can't start using characters as-is.
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I recognize the first quote from your comments. Too bad the person that was against didn't have your second quote handy at that time. D:
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Yeah, it would've saved them a load of bad times!
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""Copyright is secured automatically when the work is created, and a work is "created" when it exists in some physical form, or "fixed" in a copy or phonorecord for the first time.""
Hmmm... what about something like... a traced piece of work? Is it still copyrighted? Or is it only partially have some of the rights?
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When it's traced, then it's still a sort of copyright infringement. Although, I'm not against using it for practice. You'd just have to make sure to credit the original fully and should explain it's for practice. You see it all the time--someone tracing or eyeballing (copying what you see without directly tracing) a screenshot of an anime or something. It is not their work and they shouldn't treat it as such.
Think of it in terms of the art of literature. Whether you copy/paste or you change a few words and paraphrase a quote/idea/concept, if you do not cite a source, it is considered plagiarism. And of course, you certainly wouldn't make an entire essay consisting of citations, would you?
This help?
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Hmmm... and under the guise that it wasn't copyright infringement (permission was given) would that chance?
Just curious
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Well, it's the same thing. The only difference between having permission and not having asked is that you'll avoid a load of drama. Sometimes, people will give you permission to go further than just copying--even selling and redistributing.
Just to be on the safe side, I wouldn't go redistributing (on different sites, etc) without permission either, or anything else the original artist wouldn't do. Also, for the sake of respecting art, I wouldn't go and do anything with something directly traced except learn and ask for critique--but an artist can definitely give you permission for anything. And remember, unless they clearly state that they give you all rights, you don't have them, you only have permissions--like DA has permission to make prints, but they don't hold any rights to the image itself--and since there is no contract, then they can't argue if you take away their permission to make more prints.
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I don't trace, though I do reference stock images or non-stock with permission.
I was just curious about it, you seem knowledgable about the whole thing.
Thanks for answering
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Oh stock! Well, there's referencing and then there's eyeballing a stock image. Depending on the artists' personal guidelines, you should not copy an image fully, just to avoid the drama. And again, tracing is a never-never-no-no XD Some people change the species, but it's not all that necessary.
It's rather difficult, I'd say, to tell where photography rights begin and where they end. There's one thing for sure, you can't copyright a pose! But then there are some poses that are so unique that it's obvious when someone has copied an image. As far as I've seen, you can do it, but so many people get butthurt when it's done by others D; If you're copying a pose or more, I'd suggest listing the material used =3
Referencing is when you take various shots of... it could be the same animal you're trying to do or not, depending on what you're trying to accomplish, and studying it to come up with something new yourself. [link] This one, for example. I found various references for the shape of the face (I had drawn him with a muzzle when panthers have a wedge-shape) and the paws (I had drawn them with defined toes) and how they can bend. Then I made a whole new pose with my newly acquired (if insufficient) anatomical knowledge XD
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Fixed! Thank you ^^
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Unless a work is created by the United States government.
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You mean the Constitution and Laws?
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No, I mean photos and images owned and created by the U.S. government. These images are automatically released into the public domain.
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I use them all the time for my job. We do a lot of web posts on NASA, which, btw, has an amazing gallery of images on their website that are free to use for everyone.
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That's good to know!
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