LOLcopyrights
Just because you have a "copyright" doesn't really mean anything.
crazysunshine asked:
Thanks for reblogging my current copyright infringement case form my blog. When I filed for the DMCA Takedown, I was under the impression that it would be taken care of right away. But it's been three months and nothing so far. I'm currently in the works of finally getting legal action involved. This would be much easier had the guy who took my art had taken it down when I asked him.
Thanks for the response!
DMCA takedown procedures have done a lot to help automate copyright infringement processing but there are definitely some limitations. First and foremost the DMCA law lacks clear guidance on situations such as yours for when an ISP does not adhere to the safe harbor protocol.
“The failure of a service provider to qualify for any of the limitations in section 512 does not necessarily make it liable for copyright infringement.”
Secondly, DMCA does not stipulate anything about copyright infringement remedies. Right now it sounds as if you are only seeking injunctive relieve (for them to stop using your work, a negative right you posses). I don’t know if you’ve considered seeking actual or statutory damages, but DMCA relies on the existing sections of Title 17 to deal with these matters.
Again please keep in mind that I’m not a lawyer and also somewhat inexperienced in these matters. I just read a lot and have gone through these types of problems in the past, so take everything I’ve written as random advice on the internet.
Moments at Random: The One With Copyright Infringement - The Three Month Update
Another case in which a DMCA takedown notice goes ignored.
Three months ago, I got myself into a legal battle when I was informed a drawing of mine was stolen and used for a site with its only purpose to defame late night host and comedian Conan O’Brien (created by Tampa Bay-based DJ Mike “Cowhead” Calta). If you need a refresher, here is…
A Graphical Look at Digital Piracy:
Read the companion piece at Threatpost.
Images from the American Assembly’s Copy Culture Survey
Can you
get copyright infringement on a tattoo?
Largely depends on the type and scope of the tattoo. If the tattoo is mostly ornamental text and lettering (e.g. your name in a fancy script font) then probably not. However if it could be considered an artwork in a fixed tangible form (painting for example), then it is very likely protected by title 17. That being said the artist that creates the tattoo would have the copyrights. A person displaying the tattoo would only have a limited license to use and show it. More details here: http://www.freakonomics.com/2011/05/02/can-you-copyright-a-tattoo/
(Source: everythingiscirclesandlines)
Interesting case in French Law on copyrights of designer furniture
The court ruling which is now being appealed has a wide impact on the stock photography industry. More details here.
The Congress shall have Power …To promote the Progress of Science and useful Arts, by securing for limited Tımes to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Faded & Blurred: Music: Photography's Double Standard
Earlier this week, PDN ran a story about a wedding photographer who found himself on the receiving end of a lawsuit for using Coldplay’s “Fix You” in a wedding video that went viral on YouTube. The photographer settled for an undisclosed amount, but the bigger picture is what a…
Legal Paradox
Alleged infringer uses photograph without permission.
Photographer seeks remedy.
Alleged infringer requests settlement, warns that photographer cannot profit from photograph without violating rights of publicity.
Photographer cannot seek remedy.
Edit: Follow-up, alleged infringer continues to use photographs without permission. Infringes more.
Link to full SOPA text - H. R. 3261
“To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.”
