Ask MetaFilter posts tagged with copyright

Taps lyrics in the public domain?

cider — Thu, 26 Jun 2008 07:31:55 -0800

When were the popular lyrics to Taps written? I'm wondering if anyone knows (or can find out) when the following lyrics to Taps were written.

Day is done, gone the sun
From the lake, from the hills,
From the sky.
All is well, safely rest,
God is nigh.

What I'd really like to know is whether these lyrics are in the public domain.

Thank you!

Things to watch out for with print-on-demand services

ghost of a past number — Mon, 23 Jun 2008 11:00:07 -0800

Are print-on-demand on-line shops really going to steal my precious artwork? I'm asking this for a friend, who is thinking of starting a shop on cafepress or a similar service, selling items based on his designs.

It seems there is some vague rumour floating around, even mentioned here on AskMe, that one could lose ownership of the images used, or transfer a perpetual right-to-use to the company providing the printing services by agreeing to the Terms of Service. However, googling around hasn't led to any definite information.

Does anyone have any specific example of this happening, or any other negative experiences in this direction?

I realise you are not my lawyer, or my artistic friend's lawyer. Thanks for any relevant information.

Would it be wrong to paint my own version of a painting I like?

catatethebird — Sun, 22 Jun 2008 20:06:24 -0800

I stumbled upon a print of a painting selling online (sold by the artist thru a third party site) which I really love. I’m creative, so rather than buy the small and expensive print, I thought it would be fun for me to paint my own version of it. What are the ethics/copyright issues of this?... I would not be selling the painting or trying to pass it off as my original idea, just making it to keep for myself.

I don’t think it would be a big legal issue, but I am also interested in how original artists might feel about something like this.
Artists: Would this bother you? Would you feel like you were losing a sale? Any other thoughts?

What does Getty Images care about Lenin?

saeculorum — Sat, 21 Jun 2008 18:20:20 -0800

SeattleFilter: What does "[t]his photo opportunity © Getty Images" mean? Today, while wondering around the magnificent and awesome Fremont Fair with many naked people riding bikes, I noticed two instances of the following statement template-painted:

"This photo opportunity © Getty Images"

It was in front of the Fremont Statue of Lenin and near Gas Works Park. I can't find any references to this online, so I was wondering what it means? I'm assuming it's parody of something, but I can't figure out what!

Copyright law for online images

leibniz — Tue, 10 Jun 2008 12:09:44 -0800

What are my legal rights, and what compensation can I get from a UK television channel who used a photograph I had taken without my permission, but which I had uploaded onto facebook?? Channel 4 news in the UK recently used a photograph I had taken of a friend of mine in one of its items (it's on screen for well over a minute). This was used without permission or credit. I had uploaded the image to a public group on facebook, but as I see it, I had uploaded it for use within the group and not for commercial purposes. It is certainly not legally public domain just because it is on a social website.

The news item can be found here.
The photo can be found here (requires facebook login).

So what I would like to know is firstly what my legal rights are here, and secondly who I can complain to (in UK remember) in order to get compensation? I hope I can get some money to donate to his legal fund.

(You may have seen the mefi FPP I wrote about the case here btw.)

Is there a GIMP batch operation that will add copyright/watermark imaging to my photos?

ozreiuosn — Mon, 09 Jun 2008 20:12:27 -0800

Is there a GIMP batch operation that I can use in GIMP that will apply watermark/copyright images? I've found batch operators that resize, rotate, change color and other various things to a batch of photos, but I can't find one that will add copyright/watermark imaging.

I've found the script that will add a copyright image to an individual picture for GIMP, but how do I turn that to a batch process?

Should I pay a lawyer $1000 to fight a $3000 liability claim?

Bathtub Bobsled — Fri, 06 Jun 2008 10:17:47 -0800

Am I personally financially liable for copyright infringement when the company I work for gets sued for the unauthorized use of a song in a commercial I produced? Recently I was laid off from a job as a commercial producer for a small television station because of budget reasons. I returned last week for an exit interview and during the exit interview, my former boss flipped out at me because they were getting sued by a music publisher for unauthorized use of a song in one of our station promos.

My boss notified me that he was going to hold me liable for it because I produced the commercial. He claims that any money the station loses in the settlement, he is going to come after me for.

He still owes me two weeks severance, and he is threatening to fight my unemployment claim.

At the time I thought we were allowed to use unlicensed music in commercials that simply promote station functions (instead of pushing a product or a service). We had used many copyrighted songs many times before without any conflict. I have only learned recently that this isn't the case.

Am I liable, or should I fight this?

I can has copyright permission?

LongDrive — Wed, 04 Jun 2008 15:14:16 -0800

Yet another copyright question. Seeking advice or success stories on locating copyright owner for strange book from the 60s. Copyright management is a large part of my work, and while I strongly oppose things like the proposed Orphan Works Bill, I am now in the position where I would like to obtain permission to reuse an image, but am having a hell of a time tracking down the copyright owner.

The original image appears in this strange pet book that was published in the 60's (I am guessing, there is no date inside), by "Pet Libary Ltd". Further research found that they were owned by a company called Sternco which is now a dedicated real estate company. They later sold off the pet business to Hartz. Both companies operate out of New Jersey, which is the state where this original "Pet Library LTD" address is listed in the book.

Now my emails have basically gone unanswered, phone calls to both businesses above are greeted with confusion (understandably), and I am basically at a dead end.

I assume that if I used the US copyright search system where you pay someone by the hour to go through their records, I would probably come up with similar results to the two companies above. If the publisher still actually existed, this would probably be alot easier as I know most publishers have reproduction and rights departments.

I won't use the image without copyright, but I am wondering if anyone else has been down a similar road in terms of tracking down hard-to-find copyright holders, and if so, how did you do it? Otherwise, is there any other avenue that I may be overlooking in terms of how to approach this large company? Godspeed hive mind.

Do I have complete copyright over an image of a band's setlist?

ozreiuosn — Thu, 15 May 2008 15:12:21 -0800

What copyright restrictions may or may not be placed on me of a picture I took of a band's setlist during a live, public performance? I'm in an odd situation. A band manager stole a picture of mine that I took during a live public performance. She then placed it in a video without credit. She tried to claim 1) that she was free to use it since I posted it on myspace and 2) that she has full right to use it because its of her band's intellectual property. I've already informed her that just because the image was uploaded on myspace that it doesn't make it fair game, myspace does respect copyrights, but where do I stand with the picture of the setlist? Is it mine or is it theirs?

How do I get a website to stop using our property?

Pantengliopoli — Wed, 23 Apr 2008 13:47:08 -0800

How do you find out who to contact when a website is using your "copyrighted" material to generate ad revenue? This website:

http://www.ski-touring-mountaineering.com/tripreport/all

Appears to be a collection of skiing and mountaineering trip reports for climbs and ski descents in Washington State. The shitty part is that they appear to be A) getting all of their content from the personal websites (evilfungus.com, repete.us, cascadecrusades.org, randosaigai.com) of my friends and acquaintances and B) using it to generate some potential Google ad revenue. The owners of these sites that I've spoken with are not keen on having their work used as a simple one-click revenue generator for someone who can't even ask permission to use it.

The site has no contact information that I can find -- I'm wondering if I can track down the owner of the domain, but I'm not sure how to go about it.

Last part -- do we have an expectation of "copyright" to this material, given the circumstances?

Legally adding video clips to a review site?

Foci for Analysis — Wed, 16 Apr 2008 13:30:11 -0800

I'm working on a site (it's a personal project) where I basically review movies that I like. Lately, I've been thinking about adding video clips from the movies/series to give visitors a better understanding of what the movies/series are about. How do I do this legally? My idea is to take a couple of minutes from each movie, do some minor editing and upload it to YouTube or a similar site.

However, this seems pretty difficult from a legal perspective. It seems like I have to get permission for each and every clip, which would take too much time (we're talking 40+ movies/series). To make matters worse, I'm not sure which country's laws to follow: I live in Sweden, the web site is hosted in the US and I'm not sure about the video hosting provider.

Copyrighting content published online under pen-name

manish — Wed, 09 Apr 2008 07:09:08 -0800

If I publish short story / prose under a pen-name online (e.g. on a blog) with appropriate copyright notice in the blog (e.g. (C) [pen-name e-mail address]), would it be enough to protect its copyright until I formally publish it in a (real) book? I plan on publishing some content in a real book someday. I am posting the content currently under a pen-name on a blog, with an appropriate copyright notice with the pen-name e-mail address. Would this be sufficient to protect the copyright until I decide to get the content published? Should I be copyrighting that content under my real name from now on in order to do this?

Encircled Letter "F"

Tube — Tue, 08 Apr 2008 19:59:03 -0800

What is this unusual symbol? I have a number of old Popular Mechanix magazines that date from the mid 1950's to the 1970's. Recently I noticed that a number of covers contain an encircled letter "F" within or adjacent to the words "Popular Mechanix". It's not a misprint, as it shows up on a number of covers, some years apart.

Here is a photograph of a cover from 1974. Here is a close-up.

Here is the same symbol from a 1964 cover.

I'm guessing that the encircled "F" is a trademark or copyright symbol of some sort, like an encircled letter "C", but despite some Internet searches regarding trademarks and copyright symbols, I've yet to find any mention of this symbol.

Dealing with domain squatters on a budget

bifter — Wed, 02 Apr 2008 03:33:37 -0800

What can a free online game do about a domain squatting / potential IP infringement situation, that doesn't involve commercial legal advice? (Asking for a friend). Background: a free online game, in existence for over 5 years and run as a hobby, although with a microscopically small commercial element (a tiny subset of players pay for premium membership with small in-game benefits - the revenue pays for little more than server costs).

The game's name is NOT the same as the domain it was hosted on (it is only slightly different). The domain of the same name was formerly owned by some odd chinese-language site, which has recently been acquired by a third party. The third party has developed a similar web-based game to that owned by my friend, and - crucially - named it exactly the same as my friend's game (ie both games now have the same name, but are hosted on different domains). The domain owner has offered to sell the domain to my friend for an unacceptably high fee - my friend counter-offered (d'oh), but no agreement has been reached.

The question: can anyone give an outline appraisal of possible (free) legal routes that my friend can take in this matter? Does it sound like there is a case to object to the domain ownership on the grounds of domain squatting? Is there a trademark or other copyright infringement that could be pursued somehow without legal representation? The co-owners are in the US and UK, don't know about the location of the third party.

I know that you're not lawyers, all advice can be considered as having been offered without prejudice.

Copyright issues in creating an ebook?

SampleSize — Fri, 28 Mar 2008 14:27:17 -0800

I'm thinking of creating an ebook that is a workbook companion for an existing popular investment book. What copyright issues do I have to consider? For example, can I title it "The [Investment Book Title] Workbook?" Can I do it at all without getting permission first?

What do you get when you buy some art?

nomisxid — Mon, 24 Mar 2008 14:17:55 -0800

If I buy an original piece of artwork, from the artist, without a written contract, who owns the copyright? I often purchase small pieces of original artwork at craft fairs and the like. Generally these sales are done without any paperwork of any kind, sometimes not even a simple receipt.

I'm curious about the implicit copyright transfers that may or may not occur under...

a) sale of a mechanical reproduction of an original --ie a print
b) sale of a in-the-style-of-a-previous-work reproduction of an original --ie a smaller version of a larger work, but produced by the artist by hand
c) sale of the 'original' expression of an artistic vision --ie a working sketch/notes that are latter used as basis for a painting
d) sale of the 'final' expression of the artistic vision --ie the painting the artist offers for sale as 'an original'

I'm most curious about c & d style sales, if they restrict the artist's ability to make further works on the same theme, and who owns the right to produce prints from the originals, both during the artist's lifetime, and afterwords.

What are my rights for republishing screenshots/promotional material in an academic text?

serial_consign — Fri, 21 Mar 2008 22:01:49 -0800

What right do I have to republish software screenshots and promotional material within a critical/academic context? Do I need to get formal permission from the corporations that own & distribute this material? I'm submitting a book chapter and the publisher for this text appears pretty stiff on copyright protocol. I want to republish screenshots from early GUI's (i.e. Xerox Star) and also some interface applications for the iphone. Do I need to get in touch with Apple/Xerox for this kind of republishing? I was planning on using promotional and or archival images..

This is all in the context of a scholarly text. Also, with the iphone specifically I'd be writing about an interface designed for it, not so much the device itself and I would have permission from that designer.

I've never got formal clearance for republication of images - I've only dealt with Creative Commons content online - if anybody could provide any input/direciton it would be greatly appreciated.

Questions on Law in printing Urbex book on sites without permission

grahamux — Tue, 11 Mar 2008 12:50:21 -0800

Some friends and I are into Urban Exploration. We're photographers who enjoy this subject quite a bit. We've been considering writing a book of pictures and a few stories of various sites we have done. I am curious if anyone knows the legal ramifications of publishing such a book? The idea is there would be pictures of sites we did not have permission to photograph. These are sites where 'no trespassing' signs have been clearly posted and alternative measures have been used to gain entrance. Note:: No breaking and entering or burgulary methods were used. Available entrances only. This question is on the legality of publishing said book, please no flames or discussion on the legal issues surrounding urbex itself. Thanks in advance.

How to get permission to handright a protected font?

JeremiahBritt — Thu, 06 Mar 2008 11:31:05 -0800

How does one obtain a license to recreate a font in handwriting/design? I know that most copyrighted fonts are purchased as licenses which allow the purchaser to use that font on their computer and prevent them, legally, from transmitting it to someone else.

Suppose the following: a gifted calligrapher can recreate any typeface with exactitude, by hand, with ink and pen. He is contracted to do a piece containing a protected font for which he does not already own a digital license, in fact, he does not own a computer. How does he obtain this license for manual recreation?

What I have learned so far:

According to this website, there are three basic protections for typefaces:

Trademark: the weakest, only protects the name of the font.
Copyright: most common, most vague.
Design Patent: "The designation is relatively rare because of the cost and effort involved, but is powerful. It is the only US legal precedent that protects the actual design - the individual shapes of the letters in a font ... If a designer were to copy them, even by redrawing them from scratch using pencil and paper, he would be in serious legal trouble."

I have also emailed Linotype's general inquiries mailbox, but am afraid I'll only get an automated response.

Are these licenses on paper, do they need to be signed by both parties, do they have "Licensed Helvetica Calligrapher" cards?

I'd also be curious as to how common/how many of these licenses exist or have been issued in the last few years.

Public Domain Photos

Ragma — Wed, 27 Feb 2008 10:25:03 -0800

I have a website where I upload all of my photos and license them as public domain. Each photo is individually listed as public domain, each has a link to it's Creative Commons "license" as a work in the public domain, and the site is rather obviously all about photos in the public domain. The problem - Large companies are taking my photos and, without editing them, putting their copyright on them. Is this evil, and how nasty should I be about it? Here's an example. In the nature scenes category alone most of the images they use are mine. There were all taken from my site 100% unedited as far as I can see. Now........ They do put my name on some of them, but not the website, and while some mention me many don't.

However - My issue is just the copyright notice. I don't mind them using the image, even if they don't give me attribution. But putting the images in the public domain means a lot to me. Having a large corporation place their copyright on them seriously bothers me. It is my hope that people will take the images and do wonderful things with them. And that includes taking them directly from American Greetings, stripping off their copyright, and using them for any purpose.

I understand that I lose control of the photos once I place them in the public domain. I'm fine with that. But I want the image to stay in the public domain. In other words, everyone loses the same control over the image, not just me. And I understand that creative application of the image could result in a very legitimate need for copyright.

There are other examples, some even more gratuitous. But this is the latest example and the one that is making me think I need to take action.

Can a company take works in the public domain and assert a copyright, especially if the work is unedited?

Please note - I'm avoiding a self link, but my site shouldn't be hard to find by even a cursory attempt. I'll be happy to link to the original location of the photo linked above if such a self link is deemed appropriate.

Can I use a rubber stamp image on my website?

karyys — Wed, 27 Feb 2008 05:57:02 -0800

Are there any copyright infringement issues to using a Rubber Stamp Image that I purchased on my website? I bought this rubber stamp that I would love to use the image on my website, but my friend says there are copyright issues. I say that I bought the stamp and the rights to use it as I want. I am not profiting off the image, and I won't claim it as my own.

If there are issues, would it be best to cite where the rubber stamp's company on my website or just leave it alone and not use it?

thanks

How do I handle copyright issues on a blog/CMS template I'm developing and selling?

deern the headlice — Thu, 21 Feb 2008 08:04:19 -0800

How do I handle copyright issues on a blog/CMS template I'm developing and selling? I want to prohibit commercial use in the sense that the theme cannot be re-sold, but I DO want people to be able to use it commerically (once) for their business, or for their personal use. The CC Non-Commercial license is close, but would prevent ALL commercial use, unfortunately. Any other suggestions?

Feature length movies with a CC license?

clockworkjoe — Mon, 18 Feb 2008 13:41:54 -0800

What are the largest creative projects released under a creative commons license, such as feature length movies or full albums? I've seen lots of short form projects released with CC licenses, but I have yet to see a feature length movie or a project that would take months or years to complete with a CC license.

How to use The Mouse?

gregvr — Wed, 16 Jan 2008 09:08:53 -0800

Copyright filter, again! There have been lots and lots of threads discussing trademark vs. copyright, etc, but in my searching I did not find the answer to this question: what will happen when Mickey Mouse goes out of copyright? I've read a couple of items, particularly this on Wikipedia.

It says that Mickey Mouse is protected not only by copyright, but also by trademark. I understand the distinction (I think), but what I don't understand is how material in Steamboat Willie could actually be used.

It feels as if I could not use any material from Steamboat Willie in such a way that would violate Disney's trademark. So, for instance, I couldn't open my own movie studio that used images from Steamboat Willie, because it would cause consumer confusion.

And I couldn't open a theme park based around Steamboat Willie.

But.

Could I put something on a shirt? Could I sell a DVD of Steamboat Willie? Could I sample audio and video from the movie and use it in my own work?

Since Disney produces all manner of consumer products with the mouse featured, it seems almost like there is nothing that could be done with Steamboat Willie at all, because of possible consumer confusion.

(one thing, we all probably hate the copyright extension acts, etc, but saying that this question is moot because nothing that Disney has copyrighted will ever expire due to additional extensions... well, that's not a useful answer)

Legal to just use a few seconds of a copyrighted song?

Idiot Mittens — Sun, 13 Jan 2008 08:02:48 -0800

Is there a certain number of seconds below which it is okay to use copyrighted music without permission? I am in a sketch group that makes videos for the Internet. Sometimes we tag the endings with a short burst of music and a title card of our website. We also sometimes use short clips of music within the videos themselves. We will soon be "monetizing our content" (showbiz lingo has gotten a lot less fun), and want to make sure any new videos will be kosher for TV/internet sale later on.

I've heard that if you use less than 15/11/5 seconds, it's okay. But this may be a myth. Could anyone help confirm/debunk this (preferably with references)?

Thanks!