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OT Strange request and copy righting

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  • OT Strange request and copy righting

    We got a request to day from a company that does sound affixes and game graphics. Apparently this company uses explosives to blow up stuff and record the sound and video. Then sell to game manufactures and sound affixes studios. They want to replace the high explosives with our binary. And want some demo footage of the binary on cars to compare it to the TNT. So we don't want them using the footage we take and reselling it. How do you get a copy right. Just saying it is copy righted really work?

  • #2
    If you do something or record something that is your own and don't put it where someone can see it or publish it how could they ever get it to use?

    It's my understanding that when you put something of your own work out for the public to see it is automatically copyrighted and they have to ask permission to use it.

    On the other hand, you have to find them using it and then prosecute them over it.

    You need to contact a lawyer.
    It's only ink and paper

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    • #3
      Originally posted by Carld
      You need to contact a lawyer.
      if it really matters, i agree with Carl. beyond that, here's more BB legal advice copyrights happen automatically upon creation; its trademarks that need to registered. The trick with a copyright is proving who created it first - proving that as of such and such a date it existed. The old trick was to mail it to yourself. Don't open it unless in the company of a judge or officer of the court who can swear an affidavit. It sitting in a sealed envelope with your government's date stamped postal mark is proof that it existed at that time establishing a dateline on its creation
      .

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      • #4
        Copyright exists automatically when a work is created. There is no issue of who created it first. You make it and you own it. It doesn't have to be registered or even identified as under copyright. If someone else uses it you can issue a cease and desist order and you don't need a lawyer either. If they continue to use it they are in violation and are subject to penalties for every day they use it. They can't use pieces of it either or use it in a compilation or alter it a bit and use it. Copyright law in the US is extremely one sided in favor of the content creators. The RIAA, MPAA and Disney Studios made sure of that.

        If you Label it as copyright and register it (cheap and easy, no lawyer required) then if they use it you don't have to tell them to stop and you can sue them back to the first day they violated your rights.

        The envelope trick is supposed to be for patents and it has no validity. The clock on patents starts ticking when you first disclose it, not when you invent it.
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        • #5
          While I am not a lawyer, I have a close family member who is. What she would tell you is that if you are unsure about how to protect yourself in matters like this you should either speak to a copyright lawyer or tell the other party "No".

          The initial consultation for most attorney's is free so it doesn't hurt to ask them a few questions. However if you guys regularly use explosives I'd guess that you already have one or two lawyers on retainer. Ask them how you should proceed.

          For some basic info check out these two articles on Wikipedia:
          http://en.wikipedia.org/wiki/Sound_recordings
          http://en.wikipedia.org/wiki/Copyright

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          • #6
            He doesn't need a lawyer to hold a copyright. There is absolutely nothing that you have to do to for it to exist except create an original work. A lawyer is a good idea if you sue to enforce it. The Copyright Office has a lot of good advice and will help you no charge if you have questions. It is their mandate under Presidential Order to help.
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            • #7
              Originally posted by Evan
              He doesn't need a lawyer to hold a copyright. There is absolutely nothing that you have to do to for it to exist except create an original work. A lawyer is a good idea if you sue to enforce it. The Copyright Office has a lot of good advice and will help you no charge if you have questions. It is their mandate under Presidential Order to help.

              Evan,
              I never intended to imply that you were wrong. (sorry if you thought that's what I was saying) In fact, I think you are absolutely right.

              My advice to speak to a lawyer was merely for peace of mind because, quite frankly, relying on the advice one finds on a bulletin board holds no legal weight. And if the company in question is a corporation, speaking to a lawyer about this really is good advice.

              edit: I just found the web page where you can register original works with the U.S. Copyright office: http://www.copyright.gov/eco/
              Last edited by BillDaCatt; 09-15-2010, 02:28 AM.

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              • #8
                I didn't think that. It's just that copyright is dead simple. It's something that was a very big part of my training when I worked for Xerox, as you might expect. Copyright issues are something that the customers often questioned me about.

                If you look around the Patent and Copyright office site you will find a lot of good information about the topic.
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                • #9
                  Honest people won't steal your own works. The crooks will and that is when it gets expensive to prosecute them and stop them.
                  It's only ink and paper

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                  • #10
                    Honest people usually don't know what the law is regarding copyright as is evidenced by this thread. If somebody uses your work without permission they may never even give it a thought as to the legality or the possible financial implications it may have to the owner of the material.

                    In most such cases a simple letter explaining that the work is under copyright and asking that they either stop using it or seek your permission is all it takes to enforce copyright in the USA and Canada. In other countries that are Berne Convention signatories it is even simpler because most countries do not have any "fair use" provisions or they are very restricted at best.
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                    • #11
                      You sure dont need a lawyer, you are not going to get rich selling boom pow noises to video game makers.
                      Just this week Animal planet wants some of my videos but sent me a release form saying they will pay me $0.00 for my content. They contacted me after seeing one of my youtube videos, I did not contect them first.
                      My woman and I talked and we dont care $0.00 paid is fine if we get to see our videos played on TV, its about our Animals and not our wallet.

                      I would give them the sound files and ask to be listed in the credits at most.

                      The best way you can prove you own a file is to keep the raw file and never release it, just a compressed or lower quality file as a sample for them.
                      lets say you tape a UFO and load it to youtube, It will be compressed from there if the media wants the raw file then you have them by the short hairs. make them pay for the raw file.


                      Just saying it is copy righted really work?
                      Yes you tell them you made the file with your stuff at your place and thats it.
                      Last edited by fredwillis; 09-15-2010, 06:18 PM.

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                      • #12
                        My daughter placed a photo on her Flickr page. It was one of her that I took of her as a toddler, in the high chair with her face smeared with chocolate pudding. A company approached her about using it on the label for some cookies, no compensation. She asked me, and I said OK, but that I wanted to reserve the right to use the image for other purposes as I saw fit. Never heard from them again...
                        Weston Bye - Author, The Mechatronist column, Digital Machinist magazine
                        ~Practitioner of the Electromechanical Arts~

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                        • #13
                          It isn't likely that the purpose given was the truth. Ad agencies don't work that way and companies don't usually design their own labels. It is much cheaper to contract a design than to hire a graphic artist.

                          The most likely agenda is somebody trying to build a "Micro Stock Photo" database for free. They sell your pictures multiple times and you get nothing.
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                          • #14
                            Ok it is that simple to copyright something. I guess no one has found a way to make money on the deal yet. I talked with a friend of mine actually the one that will do the editing of the video and he said he could put a water mark on the footage. That will work for me thanks for the help guys. Hears a camera phone pic of one pound on the center column just above the door handles.

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                            • #15
                              Well, I've got a good deal of respect for the auto engineers. It certainly opened the car up but the post is intact enough to still support the roof. Nice to know you've got that structure if you ever really need it.
                              .
                              "People will occasionally stumble over the truth, but most of the time they will pick themselves up and carry on" : Winston Churchill

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