copyright question

anonymous asked:

hi, i was wondering where the money for the zine goes? does it all go to charity, or are the artists/writers also getting paid?

Because of copyright infringement and the desire to make as much money for charity as possible, we will be donating the entire net worth to charity. This means all money not used to pay for the printing and shipping of the zine will be donated to charity. 

- Mod H

Concept: Mafia Go

An app developed by Reborn for Tsuna to catch new, potential famigilia members. It detects strong flame potentials in the vicinity and once detected, Tsuna has to throw clams at the person. Actual clams at them

Still a work in progress since Reborn is hoping that the scientists can have the clams open up and capture the victim.

Tsuna heavily disagrees with this “game” and questions the copyright infringement, to which Reborn says “I can do what I want.”

A Debate About 'Adaptations' of Works in the Public Domain
  • My Aunt: I'm reading a great book right now! It's a Sherlock Holmes adaptation, but written by a modern author.
  • Me: So it's a fanfic.
  • My Aunt: Nono, it's for sale. I bought it.
  • Me: So it's a published fanfic.
  • My Aunt: Well... it's what would happen if Moriarty survived Reichenbach Falls.
  • Me: So it's an alternate universe fanfic.
  • My Aunt: It's from Moriarty's perspective, so...
  • Me: So it's a POV-switch fanfic.
  • My Aunt: It's actually an audiobook?
  • Me: So it's a podfic.
  • My Aunt: ... yes, I suppose it's a fanfic!
  • Me: (ノ´ヮ´)ノ*:・゚✧
Copyright & You
External image

We often get questions around copyright. Can I use this song lyric in my story? Am I going to get sued out of existence if my character quotes a movie? 

First, I am not a lawyer and this is not legal advice. The below is general information that pertains to the United States. If you have more questions or live outside of the United States, please contact a legal professional in your area.

Now, to the answer. I’m lucky to have a friend who’s not only a great beta reader, but also a patent attorney. He explained it to me like this. If you’re writing a fanfic you want to post it on the internet, make no money from it, and include a little blurb about the rights of those songs/quotes/whatever belonging to their respective owners, the likelihood of you getting a cease and desist is slim. Part of the reason is the copyright holder has to show that you somehow impacted their bottom line negatively. Many authors and entertainment franchises realize if their works become popular, people will write fanfic. It’s part and parcel of having a fandom and it’s rare the legal teams get involved. There are exceptions to this; Anne Rice comes to mind. 

If you want to publish this, whether it’s self-published or through an agent/publisher, the simple answer is you can not use any lyrics without purchasing the rights. Song lyrics have their copyright rigorously enforced, so if you use them without purchasing the rights to do so you will hear from a legal team. For quotes from movies or tv shows, you’ll have to confer with an attorney as some instances may fall under fair use.  Purchasing rights can be a long and expensive process, and publishers won’t offset the costs. While there are online guides about purchasing rights, this may be an instance where it’s better to err on the side of caution and consult a legal professional.

This is not processed

_____________________________________________________________  

Recently you received a copyright violation email from Tumblr regarding your posts at:

http://dotroom.tumblr.com/post/100317123778/this-is-not-processed

We’ve investigated and found that although the DMCA notice we received was valid, your content was removed in error. We are currently working to restore this content to your blog. We’ve also removed the strike your account incurred due to the DMCA notice.

We’re sorry about the confusion caused by our email! Please let us know if you have any other questions or concerns.

Tumblr - Trust & Safety
_____________________________________________________________

RE: Tumblr Copyright Violation: FINAL WARNING

Subject: Tumblr Copyright Violation: FINAL WARNING
Date: Mon, 4 May 2015 15:30:13 -0400


Please read this entire message carefully. Copyright violation is a complex issue, but one we take seriously. Understanding how we address it will greatly reduce the risk of your account being terminated.)    

Hi,

We’ve received a notification of alleged copyright infringement on one of your blogs.   Here are the details of the content in question:    

Copyright holder: Carol Walker

The content has since been removed, in accordance with US law and Tumblr’s own copyright policies.    

Under the Digital Millennium Copyright Act, we are legally required to terminate  the accounts of repeat infringers. The first strike against your account was       uncontested, meaning this is your second strike and final warning. If you receive        three uncontested strikes within an 18 month period, YOUR ACCOUNT WILL BE TERMINATED.        You can contest this notification by following the instructions for a “DMCA Counter-Notification” found here:        https://www.tumblr.com/policy/terms-of-service#dmca.        A successful counter-notification will remove the strike against your account.    

  Here are the details of the previous strike against your account:    

Date of Takedown: October 5th , 2014

Copyright holder: Peggy Reynolds

 You can review Tumblr’s Terms of Service        (https://www.tumblr.com/policy/terms-of-service)        and Community Guidelines        (https://www.tumblr.com/policy/community)        for more information on our copyright policies.    

  This is a good opportunity to learn more about US copyright law (never a bad idea, really)        and to make sure none of your other posts are infringing on someone’s copyright.        Here are a few free resources you might want to look over:
      

http://fairuse.stanford.edu/internet-resources/

http://www.teachingcopyright.org/

http://copyright.gov/
   

  Please let us know if you have any questions or concerns.    

  Best,
  Tumblr Trust & Safety   


—————————————————————————————————-

My reply to Tumblr

Hello Tumblr.

Thank you for bringing my attention to this infringement, I must say that it certainly was not intentional to violate any form of copyright, and will do my best to not do this again.

I have been with Tumblr for over 7 or 8 years, with two blogs, and though I understand the serious nature of copyright, I do not really appreciate the tone of this email. As you state, the copyright laws are a complex area, Also it being laws from another country, so as a layman, I would struggle at best to understand

When I blog a new post, I always source it, credit it with the artists name, and link it to their webpage.  I always ‘Google’ the image and go back as far as i can to find accreditation, obviously there are times that this process is fruitless, and I cant source anything.

You run a site where images are posted in their hundreds of thousands on a daily basis, So I would have thought that when Tumblr was first started that the issue of copyright has been an issue for a very long time, and that you are contacting Tumblr-ees on a daily basis, So i think that a new draft of this email would be rather good idea as not to offend others.

If the next time i accidentally post an image that infringes a copyright, and you remove my blog, that will be the end to my association with you. I have made over 60k posts and have quite a few followers, and it would be a real kick in the guts if one day i came to sign in and found all my hard work had gone.

Regards

Joanne
aka wasbella102 


So in case this happens Ill say goodbye now to those who follow. Thanks for all your support over the years.

Joanne xx

anonymous asked:

Thank you for your informative blog! About the copyright question. If I let's say, take character (that I love very much) from one work, keep the character DESIGN and personality with some modifications, but drop her to my own world that is very different from the work she originated from, is that copyright issue? When I see character I love, then I tend to take them and fit them to my own work with some modifications, but core stays same.

Again, in case this gets separated from the previous posts, I’m not an expert on copyright law by any means. That said, straight lifting characters, even if you change their name and setting can be copyright infringement. The case I’m aware of is Salinger v. Colting. Fredrik Colting used Holden Caulfield, changed the name, and wrote something that amounted to an unauthorized sequel. Colting was using a different setting, and masked Caulfield by calling him “Mr. C,” but because he was still, recognizably the same character, with an almost identical background, the court found in favor of Salinger. You can find the actual rulings on a google search, if you really want the specifics.

Or, I could link directly: Salinger v. Colting, 607 F. 3d 68 - Court of Appeals, 2nd Circuit 2010

Also, the earlier ruling: Salinger v. Colting, 641 F. Supp. 2d 250 - Dist. Court, SD New York 2009. Which is probably worth reading for it’s discussion on parody in regards to copyright infringement, if nothing else.

There’s also a related case: Suntrust Bank v. Houghton Mifflin Co., 268 F. 3d 1257 - Court of Appeals, 11th Circuit 2001. Which includes a decent, quick, primer on the history of American copyright law, and a detailed examination of an actual parodic work looks like, from a legal perspective.

The big takeaway is, it’s not enough to simply rename a character, and stick them in an original setting. While Salinger v. Colting doesn’t directly address it, I’d say character design is something else you need to be very careful about appropriating. In other forms of media, it’s very easy to demonstrate when you’ve lifted a character’s appearance for your work.

You can take elements of a character. You can take the concept, and completely rework it. Copyright isn’t about the protection of ideas, it’s about the specific expression of those ideas. What this means for you is you can take the same basic idea for a character, and completely re-purpose it for your own work. But, the important element is that the final character is entirely your own, and not simply a version of the original character that’s been obfuscated so you could use it.

There is one major exception to this, parody. Usually, we think of parody as taking a fictional work and reworking it to be played for laughs. Legally, parody is taking a piece and reworking it as a direct critique of another piece of fiction. This can be humorous, or played straight. An example of the latter would be Watchmen which takes transparent versions of many Charlton Comics characters (primarily Captain Atom, Blue Beetle, and The Question), and uses them to build a (fairly damning) critical analysis of superhero comics. In the legal sense, Watchmen is parody, even though it’s quite serious.

If you’re starting from a point of looking at a fictional character, and saying, “this person makes no sense, if they were in a world where the writers weren’t cheating for them,” or something to that effect, you have the basis for a critical parody.

If you’re starting from a point of looking at a fictional character, and saying, “I want to use this character for my work,” you need to stop. Step back. Identify the reason the character appeals to you. Extract that concept. And build a new character around that concept.

Everyone takes inspiration. You’ll see, read, or experience something, and say, “I want to use that somehow.” That’s natural. What you don’t, ever, want to do is blindly copy. Bring your understanding or perspective into the piece. Hold it against other factors. Say something for yourself about whatever caught your attention in the first place. Express your ideas, not some other writer’s idea that caught your attention.

-Starke

This blog is supported through Patreon. If you enjoy our content, please consider becoming a Patron.

So to recap

- Nat has been stripped from her status as a strong female character because she, a human, has feelings for another human.

- The Twins are no longer important or victims of atrocious acts of war because their heritage was changed to fit to the time period in question, copyright laws, and constructs of a cinematic story arc as it pertains to Stark weaponry as well as to serve for a REASON for their hatred and hostility.

- Joss Whedon, creator of Buffy the Vampire Slayer, Firefly, and Dollhouse, is now a racist and a misogynist. This is due to the points listed previously.

OTHER NOTABLE HAPPENINGS:

- Tumblrminded folk continue to destroy everything they touch and be proud of themselves whilst doing it.

- We head towards a grave over-correction in our culture. Because….

- Intelligence is being sacrificed while, simultaneously, information is abounding. People have great access to a wealth of information, yet few practice the discipline of researching the sources, seeking objective truths, thinking for themselves or considering all the aspects.

In short, knowledge is a weapon. And without conscience discernment, responsibility, and reasoning it is a damn dangerous one.

Hi,

We’ve received a notification of alleged copyright infringement on one of your blogs. Here are the details of the content in question:

Copyright holder: Katie Ransom

Post URL(s): http://agoodcartoon.tumblr.com/post/112519623990/the-cartoonist-has-no-idea-how-net-neutrality

Description: The work is a copyrighted cartoon by artist Chip Bok. The caption of the cartoon was altered, but the copyright and signature remain, making it look like this work is by the artist, when it is not. You can find an original copy of the cartoon here: http://www.creators.com/editorialcartoons/chip-bok/31500.html

The content has since been removed, in accordance with U.S. law and Tumblr’s own copyright policies.

It’s important for all creators that our users respect copyright, and so we ask that you take greater care when posting other people’s creations to your Tumblr blog. You can review Tumblr’s Terms of Service (https://www.tumblr.com/policy/terms-of-service) and Community Guidelines (https://www.tumblr.com/policy/community) for more information on our copyright policies.

At Tumblr, we implement a strict three-strike policy against copyright infringers. The notice we received counts as one strike against your account. If you receive three uncontested strikes within 18 months, your account will be terminated. You can contest this notification by following the instructions for a “DMCA Counter-Notification” found here: https://www.tumblr.com/policy/terms-of-service#dmca. A successful counter-notification will remove the strike against your account.

Please note that if your account is terminated for repeat copyright infringement, any new accounts you create will also be terminated.

This is a good opportunity to learn more about U.S. copyright law (never a bad idea) and to make sure none of your other posts are infringing on someone’s copyright. Here are a few free resources you might want to look over:
http://fairuse.stanford.edu/internet-resources/
http://www.teachingcopyright.org/
http://copyright.gov/

Please let us know if you have any questions or concerns.

Best,
Tumblr Trust & Safety

—  i’m astonished that chip bok believes people could confuse something he made with something that’s actually funny and intelligent.
theatlantic.com
The New Net Neutrality, Explained

America’s historic ruling in plain English

The U.S. Federal Communications Commission just adopted strict net-neutrality rules that will treat the Internet like a public utility. What’s in the new regulations? There are three major principles that Internet-service providers—like Comcast, AT&T, Time Warner Cable, and Verizon—have to follow when sending data from their networks to your computer:

No Blocking

Internet providers can’t prevent you from accessing “legal content, applications, services, or non-harmful devices” when you’re on the Internet. This is intended to prevent censorship and discrimination of specific sites or services. Some open-Internet advocates worry the phrase “legal content” will create a loophole that might let Internet providers block stuff they see as questionable on copyright grounds without a fair hearing.

No Throttling

Internet providers can’t deliberately slow down data from applications or sites on the Internet. That means, for instance, that a broadband company has to let all traffic flow equally, regardless of whether it’s coming from a competitor or a streaming video service like Netflix that uses a lot of data.

No Paid Prioritization

Internet providers can’t charge content providers extra to bring their data to you faster. That means no Internet “fast lanes,” because regulators fear they will lead to degraded service for anyone not willing to pay more.

If content providers or the networks that underly the Internet complain about Internet providers acting as gatekeepers for their users, the FCC says it will have the authority “to hear complaints and take appropriate enforcement action if necessary, if it determines the interconnection activities of ISPs are not just and reasonable.” It’s not clear yet what that will mean in practice.

Source: Tim Fernholz for The Atlantic

Advice: Fairytales and Copyright

Anonymous asked:
Hi! I’ve noticed a few questions about copyright and I had one as well… I am currently writing a novel with the main characters based off of fairytale characters… I know this has been done many times such as the Lunar Chronicles by Marissa Meyer but I was wondering if there were any copyright issues to worry about… Each of my characters has a name that means something that alludes to which character they are and has a backstory that parallels the original fairytale… For example, a Cinderella character would flee the ball and have an evil stepmother along with two stepsisters… However, other stories over the years have done this same thing where they just give the character a new name and parallel main events or even keep the name and the traits etc…. So… Will my novel be fine? Or will I have to deal with copyright problems? Thank you very much! :)

Most fairy tales are centuries old and are in the public domain. The one exception is Peter Pan, which is often considered a fairy tale, and that one has a complex copyright situation. However, things like Cinderella, Snow White, Beauty and the Beast, etc. are all very old tales, and many–like Cinderella–actually have versions in several cultures. So, a good place to start is to locate the original and earliest versions of the fairytale you want to use. Get familiar with what elements belong to the original story and which were added by modern re-tellings like Disney movies. Make sure you don’t use any elements that were created for modern re-tellings, because those will most likely be under copyright. Take Lucifer the evil cat in Cinderella for example. The character was created by Disney for their 1950 animated feature and does not appear in any previous version of the tale, so you could not include him in your story, even if you changed the name.

Interesting

I received this from Tumblr this morning regarding the post about the article from The Sun I posted Sunday.  Curious that I was reported but FYZ wasn’t. Going forward, I’ll stick to the articles and leave the pictures alone, especially if the pics are “exclusive.”

Hi,

We’ve received a notification of alleged copyright infringement on one of your blogs. Here are the details of the content in question:

Copyright holder: Kimberly Nicola

Post URL(s): http://birdcage-liner.tumblr.com/post/121472236313/the-sun-14-june-2015

Description: “Title: Harry Styles and Sara Sampaio Share a Kiss on the Cheek after Leaving His NYC Hotel Splash Image ID: SPL1052362_001, SPL1052362_004, SPL1052362_009, SPL1052362_010, SPL1052362_011, SPL1052362_015, SPL1052362_026, SPL1052362_027, SPL1052362_028, SPL1052362_029, SPL1052362_030, SPL1052362_031, SPL1052362_032, SPL1052362_033

The content has since been removed, in accordance with US law and Tumblr’s own copyright policies.

It’s important for all creators that our users respect copyright, and so we ask that you take greater care when posting other people’s creations to your Tumblr blog. You can review Tumblr’s Terms of Service (https://www.tumblr.com/policy/terms-of-service) and Community Guidelines (https://www.tumblr.com/policy/community) for more information on our copyright policies.

Under the Digital Millennium Copyright Act, we are legally required to terminate the accounts of repeat infringers. The notice we received counts as one strike against your account. If you receive three uncontested strikes within 18 months, your account will be terminated. You can contest this notification by following the instructions for a "DMCA Counter-Notification” found here: https://www.tumblr.com/policy/terms-of-service#dmca. A successful counter-notification will remove this strike against your account.

Please note that if your account is terminated for repeat copyright infringement, any new accounts you create will also be terminated.

This is a good opportunity to learn more about US copyright law (never a bad idea) and to make sure none of your other posts are infringing on someone’s copyright. Here are a few free resources you might want to look over:
http://fairuse.stanford.edu/internet-resources/
http://www.teachingcopyright.org/
http://copyright.gov/

Please let us know if you have any questions or concerns.

Best,
Tumblr Trust & Safety

Dopo Marino, chi?

All’indomani della formalizzazione delle dimissioni di Ignazio Marino, la città si interroga su chi ne sarà il successore o almeno, su chi sarà chiamata a doversi esprimere.

Giorgia Meloni – Candidata naturale della destra, ha ricevuto l’endorsement da Matteto Salvini, Storace e anche da Matteo Renzi nel momento in cui ha deciso di silurare Marino. Piace ai tassisti, ai ristoratori, agli ambulanti della famiglia Tredicine, che dopo essere stati sgomberati dal Colosseo da Marino vagano senza sosta sul Raccordo e dagli unici due cugini di Alemanno rimasti fuori dall’ATAC.
M5S – Il movimento punta tutto su un candidato onesto e trasparente. Dopo il veto della Marvel di poter candidare la Donna Invisibile per una questione di copyright e merchandising (rinominarli i Fantastici 3 avrebbe causato problemi legali con la 20th Century Fox ), sembra che i pentastellati puntino tutto su una soluzione innovativa e originale: se ciò che ha fatto cadere Marino è stato uno scontrino, candidiamo lo scontrino.
Berlusconi – Silvio ci pensa e ci crede. Diventare sindaco di Roma gli restituirebbe quell’autorevolezza che aprirebbe la strada ad un nuovo mandato da premier. Inoltre da sindaco della capitale incontrerebbe altri capi di stato da pari e non da leader dell’opposizione: si partecipa a summit, si organizzano cene, si stringono mani, si toccano culi. Tutte cose che il nostro ex premier sa fare benissimo.
PD – Dopo la brutta figura con Marino, il Partito Democratico pensa ad un candidato giovane, ammiccante e che sappia dirigere una squadra di assessori capaci. Qualcuno ha fatto il nome di Francesco Totti, ma si teme il boicottaggio dell’area Laziale. Inoltre Totti, per carattere, potrebbe non obbedire alle direttive del partito. Candidare al posto del Pupone, come vorrebbe la corrente renziana del partito, un pupo siciliano ha il problema che il pupo siciliano è, appunto, siciliano e sarebbe meglio giocare questa geniale carta per Palermo.
Mago Gabriel – Vicino alla destra per ideologia e iconografia, il Mago Gabriel ha dalla sua gli elfi, le entità spirituali, gli upupa e le fate dei boschi che tanto piacciono agli estimatori di Tolkien e quindi dell’area Casa Pound. Si prevedono Atreju da paura.
Darth Vader – Al di fuori delle logiche di potere e di partito, Darth piace molto al lato oscuro del Vaticano. Un uomo immagine con la tonaca, in vista del Giubileo, attrae fedeli e turisti. Solo il fatto che sembri una suora di due metri con la maschera di un mamuthones vale il nostro voto.
Se non altro per la coerenza.