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  #16   Report Bad Post  
Old 06-19-2017, 07:47 PM
Cindy Schnackel's Avatar
Cindy Schnackel Cindy Schnackel is offline
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Re: Do I, now have copyright?

My references were to US law, true, and I agree that many cases today cross borders anyway. If the infringement was one that someone from another country wanted to sue for in a US court, they could still be bound to US laws like registration. It's not fair, it's outdated, and I wish that the US would do away with registration as a requirement to sue for statutory damages and legal fees. Here is a lawyer's article on this very topic: http://thecopyrightzone.com/?p=1735

Originally Posted by freakstyle
Ok, this was something that was used in the market that I sold stuff in (recasting there is rampant), so I thought the people who mentioned that knew what they were talking about. Learned something again.

EDIT: I checked, and in the Netherlands there is something called 'style protection', where it is allowed to be inspired by a certain style/piece/object, but you have to be very careful not to implement too many of the same features. This law is mostly meant to protect fashion and non-art products.
Since in the Netherlands BJD's aren't considered art, but toys, this is probably why the percentage rule was being discussed among creators, to make sure you're not creating pieces that are too similar to another.

Well, no. In many countries (like mine), registration of copyright is only a method of making sure there isn't any doubt when your artwork was created, but it isn't the only one. If you can proof the work is yours, by showing wip-pictures on your camera (or on your computer... the images contain much more information than just the image), that is considered enough. Which is why I was stressing the 'make wip-pictures of your work'.

So, this is something everyone needs to check for themselves.

The main downside is that today there is a big chance you're dealing with an international case. Someone in country X found your image on the internet and is now making copies for their own gain. From what I've learned in the BJD-hobby, international copyright law is still in its infancy, mostly because of the differences between countries. There are quite a few bjd-makers being recasted. None of them can do anything about it, even if they have proof. In the few cases where recasting lead to a specific company, that company was based in China and when ordered to shut down, they simply started another business in another town or street.
Sueing someone is expensive and most simply don't have the funds.
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Old 06-19-2017, 08:27 PM
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Cindy Schnackel Cindy Schnackel is offline
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Re: Do I, now have copyright?

Originally Posted by contumacious
Confusion like this is why some of my artist friends will only paint from their own photographs. I am considering doing the same. That way you never have to be concerned in the least about any copyright infringements or proper permissions.

Some of this, below, is repeat info but now that we're on pg 2 I hope that new readers of this thread will see this.

Your own photos, drawing from life, are still the best not only legally, but to capture the subject most effectively. There are lots of bad paintings online with animals whose legs bend the wrong direction, etc, not intentionally abstract, but because the artist had no personal familiarity w/the subject and didn't know the camera distorted or hid something.

Finding actual public domain images is one way to avoid trouble: http://www.publicdomainsherpa.com/10...ic-domain.html

Asking permission is another.

Looking at LOTS of photos to see lots of poses, anatomy, angles, coloration, proportion, etc, can be done without copying any of them to the point they'd be derivative of (infringing on) someone else's photos. Even if you had permission or it was public domain, you could be copying distortion if you only used one reference.

It's important to avoid the many sites that offer 'free images,' because many are offering copyright protected works, AND are infecting viewers' computers with malware or operating phishing scams, especially if you click, buy or download anything. I bolded this because I have personally wrecked an ipad just going to a site once that someone said might be infringing my work, and that they deemed safe. Well, it wasn't, and ipads are usually thought of as pretty safe form this stuff, but it was infected.
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