Basically I feel the law is an ass, why should I feel any differently for Copyright? The Berne Convention clearly recommends a 70 year after the death of its author. Many countries only go part way, but cinematograph and photography comes off badly. Photography comes off the worst with only 25 years from the date of publication, why is this? As much love, devotion, work and time goes into producing a photograph as does a painting, so why the anomaly in the time periods?
I would never “borrow” somebody else’s work and call it my own, this is the worst kind of theft.
However I would copy/download images or text to use as inspiration, maybe to go into a folder. But I always acknowledge where I have obtains my images or text.
Currently I am working on a photographic montage and always say that my inspiration comes from David Hockney.
Would I copy programmes or music? Yes and I have no qualms about it, however I only copy for my own use and not to make money by mass copying and making money. The cost of programmes especially if you are a student is almost prohibitive and I would copy if I could. However I have just spent £200 on a student Adobe package and that hurt.
The cost of the main program is about £1500 for CS3. Bearing in mind that CS2 was only brought out just over a year ago and the professional would have to fork out £700 for get the upgrade from CS2 to CS3. This is extortion!
I would be very hurt if somebody copied my work and passed it off as theirs. Some would say that “Imitation is the sincerest form of flattery”, but I do not see it that way.
Would I “rat” on somebody who copies programs or music, no I wouldn’t.
Would I “rat” on somebody I know to be copying others work and passing it off as their own? Oh hell yes… no problems!!!
Saturday, 1 December 2007
Wednesday, 28 November 2007
Who is the owner the creator of the copyright?
Who is the owner the creator of the copyright?
Not necessarily its author or creator, a lot depends on who the creator is working for at the time. As a photographer for 30 years most of my work was carried out working for another photographer. However, the work I carried out on behalf of the other photographer, the copyright belonged to him and the work I did on my own, the copyright was mine.
Some Colleges and Universities make you sign a paper to state that any work carried out during your course of studies, the copyright would be theirs.
When you are working for another person or organisation then any work carried out during your normal working day, then the copyright belongs to them. Then there is the grey area of, if you have inspiration from work and then do the work at home, some could argue that the copyright still belongs to your place at work.
Commissioned or freelance work normally belongs with the artist but, there could be a contract whereby the copyright belongs to the person who gave you the work.
If you leave a job and then either work on your own or for another and you “pick up” where you left off with your previous job and use that work, you could certainly be in trouble.
Very often breaches of copyright means either an out of court settlement or actually going to let the courts decide if there is a breach of copyright. It is often a long, laborious and very expensive procedure, more often than not the case is sorted out before it ever gets to court.
One of the more notorious cases is between Orange and Easy-Jet who both use a similar shade of Orange as a trademark to their respective brands. Easy-jet/cruise are now nudging in on the mobile phone supplier, as if we haven’t enough choice? Orange phones have used the same colour Orange since its inception (pantone 151) and Easy have been using a similar shade of orange (pantone 021) for over a decade. It was only when Easy decided to encroach on the lucrative mobile market that Orange said it was too close to their colour and people may get the two confused.
Can a company own a colour? That is for the courts to decide.
Personally I find it laughable that grown men are arguing about a colour.
Easy is well Easy and Orange is ermmm Orange,
I would have thought their past reputation and standard sells their products.
Not necessarily its author or creator, a lot depends on who the creator is working for at the time. As a photographer for 30 years most of my work was carried out working for another photographer. However, the work I carried out on behalf of the other photographer, the copyright belonged to him and the work I did on my own, the copyright was mine.
Some Colleges and Universities make you sign a paper to state that any work carried out during your course of studies, the copyright would be theirs.
When you are working for another person or organisation then any work carried out during your normal working day, then the copyright belongs to them. Then there is the grey area of, if you have inspiration from work and then do the work at home, some could argue that the copyright still belongs to your place at work.
Commissioned or freelance work normally belongs with the artist but, there could be a contract whereby the copyright belongs to the person who gave you the work.
If you leave a job and then either work on your own or for another and you “pick up” where you left off with your previous job and use that work, you could certainly be in trouble.
Very often breaches of copyright means either an out of court settlement or actually going to let the courts decide if there is a breach of copyright. It is often a long, laborious and very expensive procedure, more often than not the case is sorted out before it ever gets to court.
One of the more notorious cases is between Orange and Easy-Jet who both use a similar shade of Orange as a trademark to their respective brands. Easy-jet/cruise are now nudging in on the mobile phone supplier, as if we haven’t enough choice? Orange phones have used the same colour Orange since its inception (pantone 151) and Easy have been using a similar shade of orange (pantone 021) for over a decade. It was only when Easy decided to encroach on the lucrative mobile market that Orange said it was too close to their colour and people may get the two confused.
Can a company own a colour? That is for the courts to decide.
Personally I find it laughable that grown men are arguing about a colour.
Easy is well Easy and Orange is ermmm Orange,
I would have thought their past reputation and standard sells their products.
Monday, 19 November 2007
COPYRIGHT in the United States of America
COPYRIGHT in the United States of America
It had a very complex method of copyright before the 1st January 1978 after this date it became a lot easier both to register and its implementation. All work is copyrighted for 70 years after the death of its author of if the work is unknown or written under a pseudonym then the period is 95 years from its publishing or 120 from its creation, whichever is shorter.
Pre 1st January 1978 it was for 28 years from the date of registration but during the final year it can be re-registered and extended for 47 years. Further legislation in 1979 extended the term to 95 years.
A copyright can be bequeath by will, is the new owner able to extend its original term???
Berne Convention for the protection of Literary and Artistic Work
First came into being in 1886 before the Berne Convention national copyright usually applied to work created in each respective country. The UK signed up in 1887 but didn’t implement large parts of the convention ruling until 1988.
Most countries of the world belong to the (WIPO) World Intellectual Property Organisation. As of 2007 there are 163 member countries of the Berne Convention. Members require that all members of the organisation recognise the copyright of authors in their respective countries. Its states as its main guideline that, all works, except photographic and cinematographical work, shall be copyrighted for 50 years after the authors death. Photography is recommended to be for 25 from when the image was produced and Cinema work for 50 years after its first showing.
Not all member countries have adopted this as the norm.
The United States only became a member, in 1989
References: -
http://www.copyright.gov/circs/circ1
Accessed 18/11/07
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works
Accessed 18/11/07
It had a very complex method of copyright before the 1st January 1978 after this date it became a lot easier both to register and its implementation. All work is copyrighted for 70 years after the death of its author of if the work is unknown or written under a pseudonym then the period is 95 years from its publishing or 120 from its creation, whichever is shorter.
Pre 1st January 1978 it was for 28 years from the date of registration but during the final year it can be re-registered and extended for 47 years. Further legislation in 1979 extended the term to 95 years.
A copyright can be bequeath by will, is the new owner able to extend its original term???
Berne Convention for the protection of Literary and Artistic Work
First came into being in 1886 before the Berne Convention national copyright usually applied to work created in each respective country. The UK signed up in 1887 but didn’t implement large parts of the convention ruling until 1988.
Most countries of the world belong to the (WIPO) World Intellectual Property Organisation. As of 2007 there are 163 member countries of the Berne Convention. Members require that all members of the organisation recognise the copyright of authors in their respective countries. Its states as its main guideline that, all works, except photographic and cinematographical work, shall be copyrighted for 50 years after the authors death. Photography is recommended to be for 25 from when the image was produced and Cinema work for 50 years after its first showing.
Not all member countries have adopted this as the norm.
The United States only became a member, in 1989
References: -
http://www.copyright.gov/circs/circ1
Accessed 18/11/07
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works
Accessed 18/11/07
Thursday, 15 November 2007
What is Copyright?
WHAT IS COPYRIGHT?
Copyright is the means of protecting various pieces of work that you have produced. Copyright is one of four areas in which its creator can protect his/hers work, the others include Design Rights, Patent and Trademarks
Pieces of work includes: -
Ø Music and Lyrics
Ø Web sites
Ø Software
Ø Photographs
Ø Film footage, plays and TV programmes
Ø Commercial documents and advertising
Ø Magazines and periodicals
Ø Designs and logos
Ø Artwork, illustrations and paintings
Ø Written illustrations and paintings
These are only a few of the many pieces of work that can be protected.
The dictionary defines copyright as,
“exclusive legal right to print publish, perform film or record material”.
Oxford Dictionary (1998) P186
Copyright gives the owner of the work an automatic right of ownership as long as the work is,
“original and exhibits a degree of labour, skill or judgement”.
UK©CS website
Ideas cannot be copyrighted, but the work that is produced from that idea can be.
If work is produced whilst in the employment of others then the copyright belongs to that group not the individual. Work that is produced by an individual who is freelance belongs to the person who created that work, unless there is an agreement to the contrary, and only the owner can bring proceedings in a court of law.
The duration of copyright differs depending on what the medium was used, for instance: -
Ø Literary, dramatic, musical and works of art
o 70 years from when the author dies.
o If the author is not known then 70 years from when the work was produced.
Ø Recording and broadcasts
o 50 years from when the work was released.
Ø Films
o 70 years from when from when the principal director, author or composer died.
Ø The written word
o 25 years from when the work was first published
Ø Broadcasts
o 50 years from when the broadcast was first made.
Reference
Oxford Quick Reference Dictionary (1998)
London, London University Press,
UK©CS The UK Copyright Service http://copyrightservice.co.uk/
Accessed 15/11/07
Copyright is the means of protecting various pieces of work that you have produced. Copyright is one of four areas in which its creator can protect his/hers work, the others include Design Rights, Patent and Trademarks
Pieces of work includes: -
Ø Music and Lyrics
Ø Web sites
Ø Software
Ø Photographs
Ø Film footage, plays and TV programmes
Ø Commercial documents and advertising
Ø Magazines and periodicals
Ø Designs and logos
Ø Artwork, illustrations and paintings
Ø Written illustrations and paintings
These are only a few of the many pieces of work that can be protected.
The dictionary defines copyright as,
“exclusive legal right to print publish, perform film or record material”.
Oxford Dictionary (1998) P186
Copyright gives the owner of the work an automatic right of ownership as long as the work is,
“original and exhibits a degree of labour, skill or judgement”.
UK©CS website
Ideas cannot be copyrighted, but the work that is produced from that idea can be.
If work is produced whilst in the employment of others then the copyright belongs to that group not the individual. Work that is produced by an individual who is freelance belongs to the person who created that work, unless there is an agreement to the contrary, and only the owner can bring proceedings in a court of law.
The duration of copyright differs depending on what the medium was used, for instance: -
Ø Literary, dramatic, musical and works of art
o 70 years from when the author dies.
o If the author is not known then 70 years from when the work was produced.
Ø Recording and broadcasts
o 50 years from when the work was released.
Ø Films
o 70 years from when from when the principal director, author or composer died.
Ø The written word
o 25 years from when the work was first published
Ø Broadcasts
o 50 years from when the broadcast was first made.
Reference
Oxford Quick Reference Dictionary (1998)
London, London University Press,
UK©CS The UK Copyright Service http://copyrightservice.co.uk/
Accessed 15/11/07
Friday, 2 November 2007
The Brief
THE BRIEF
ARD217 Narrative
Ethics and Copyright part 1 and 2
We seldom legislate new technologies into being. They emerge, and we plunge with them into whatever vortices of change they generate. We legislate after the fact, in a perpetual games of catch up, as best we can, while our new technologies redefine us - as surely and perhaps as terribly as we have been redefined by broadcast television.
William Gibson
The digital age of cut and paste is upon us and everywhere you look popular culture is being digitised, resequenced and reassembled. Digital copyright and ownership is now a major dilemma across a range of digital media due to an abundance of network/outlets from BitTorrent to YouTube and MySpace.
Design Software accessibility means we can mash, montage prior work and call it our own. Is this plagiarism or are we actually honouring our inspirational peers?
As designers in a digital age you may face the dilemma of copyright abuse as well as copyright protection.
You are to research the subject of digital copyright and the ownership - and consolidate your views and research in the form of HTML documents or blog to provide content for part 2.
You may wish to use copyright guru Lawrence Lessig and Creative Commons movement as a starting point.
Study Link http://www.creativecommons.org
Stage 2
Using this content express your findings and ethical stance in a digital medium of your choice.
Target audience: web savvy, technologically advanced and digitally confident 16-24. Tone of voice: provocative and inspiring. Quality of execution is second to message delivered.
ARD217 Narrative
Ethics and Copyright part 1 and 2
We seldom legislate new technologies into being. They emerge, and we plunge with them into whatever vortices of change they generate. We legislate after the fact, in a perpetual games of catch up, as best we can, while our new technologies redefine us - as surely and perhaps as terribly as we have been redefined by broadcast television.
William Gibson
The digital age of cut and paste is upon us and everywhere you look popular culture is being digitised, resequenced and reassembled. Digital copyright and ownership is now a major dilemma across a range of digital media due to an abundance of network/outlets from BitTorrent to YouTube and MySpace.
Design Software accessibility means we can mash, montage prior work and call it our own. Is this plagiarism or are we actually honouring our inspirational peers?
As designers in a digital age you may face the dilemma of copyright abuse as well as copyright protection.
You are to research the subject of digital copyright and the ownership - and consolidate your views and research in the form of HTML documents or blog to provide content for part 2.
You may wish to use copyright guru Lawrence Lessig and Creative Commons movement as a starting point.
Study Link http://www.creativecommons.org
Stage 2
Using this content express your findings and ethical stance in a digital medium of your choice.
Target audience: web savvy, technologically advanced and digitally confident 16-24. Tone of voice: provocative and inspiring. Quality of execution is second to message delivered.
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