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RE: "You do not Have My Permission..." - 5/12/2014 12:55:33 PM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
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quote:

ORIGINAL: stef


quote:

ORIGINAL: freedomdwarf1

The other side of the coin is that by putting anything onto a public area gives anyone else indirect permission by publishing it on such a public medium and thus have waived said copyright.

Bullshit. Posting something online does not waive copyright, directly or indirectly.


Did you read my post #15??

Anything you put on CM becomes public domain.
Most other websites also have similar exclusions.

Wanna try your claim in a court of law??
My guess is any lawyer worth his salt would have you slammed for violating the terms of the website if you tried to claim copyright where they specifically say you waive those rights.


_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to stef)
Profile   Post #: 21
RE: "You do not Have My Permission..." - 5/12/2014 1:36:48 PM   
stef


Posts: 10215
Joined: 1/26/2004
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quote:

ORIGINAL: freedomdwarf1

Did you read my post #15??

Yes. Would re-reading it make it any less wrong?

quote:

Anything you put on CM becomes public domain.

Bullshit.

quote:

Most other websites also have similar exclusions.

Most other websites that make similar claims are equally ignorant.

quote:

Wanna try your claim in a court of law??
My guess is any lawyer worth his salt would have you slammed for violating the terms of the website if you tried to claim copyright where they specifically say you waive those rights.

It appears your grasp of copyright law is on par with your marksmanship claims, and that's quite a feat.

_____________________________

Welcome to PoliticSpace! If you came here expecting meaningful BDSM discussions, boy are you in the wrong place.

"Hypocrisy has consequences"

(in reply to freedomdwarf1)
Profile   Post #: 22
RE: "You do not Have My Permission..." - 5/12/2014 1:40:31 PM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
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quote:

ORIGINAL: stef

quote:

ORIGINAL: freedomdwarf1

Did you read my post #15??

Yes. Would re-reading it make it any less wrong?

quote:

Anything you put on CM becomes public domain.

Bullshit.

quote:

Most other websites also have similar exclusions.

Most other websites that make similar claims are equally ignorant.

quote:

Wanna try your claim in a court of law??
My guess is any lawyer worth his salt would have you slammed for violating the terms of the website if you tried to claim copyright where they specifically say you waive those rights.

It appears your grasp of copyright law is on par with your marksmanship claims, and that's quite a feat.

So if you go wailing to a court that xyz stole a bit of your profile, do you think you'd win? Do you think CM will help you or back you up??
Nope. It clearly states that you've entered it into public domain.
Whilst you might technically be the author of it, you no longer own any rights to it.


_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to stef)
Profile   Post #: 23
RE: "You do not Have My Permission..." - 5/12/2014 1:46:10 PM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
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You can wail about it, stef, but the dwarf's got you on this.



< Message edited by Musicmystery -- 5/12/2014 1:47:03 PM >

(in reply to stef)
Profile   Post #: 24
RE: "You do not Have My Permission..." - 5/12/2014 2:16:23 PM   
stef


Posts: 10215
Joined: 1/26/2004
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quote:

ORIGINAL: freedomdwarf1

So if you go wailing to a court that xyz stole a bit of your profile, do you think you'd win? Do you think CM will help you or back you up??

Where did I ever claim such as asinine thing?

quote:

[Nope. It clearly states that you've entered it into public domain.

What a website claims is irrelevant. They could claim that they're the ruler of the galaxy, it doesn't make it so.

_____________________________

Welcome to PoliticSpace! If you came here expecting meaningful BDSM discussions, boy are you in the wrong place.

"Hypocrisy has consequences"

(in reply to freedomdwarf1)
Profile   Post #: 25
RE: "You do not Have My Permission..." - 5/12/2014 2:23:48 PM   
freedomdwarf1


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quote:

ORIGINAL: stef
quote:

ORIGINAL: freedomdwarf1

So if you go wailing to a court that xyz stole a bit of your profile, do you think you'd win? Do you think CM will help you or back you up??

Where did I ever claim such as asinine thing?

Post #22.
ETA: also, post #19.

quote:

ORIGINAL: stef
quote:

[Nope. It clearly states that you've entered it into public domain.

What a website claims is irrelevant. They could claim that they're the ruler of the galaxy, it doesn't make it so.

But.... you have agreed to their terms and conditions of use.
By agreeing that you place your contributions to the site into the public domain, that does, quite literally, waive your rights to copyright on anything you post on that site.


< Message edited by freedomdwarf1 -- 5/12/2014 2:25:35 PM >


_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to stef)
Profile   Post #: 26
RE: "You do not Have My Permission..." - 5/12/2014 2:30:34 PM   
stef


Posts: 10215
Joined: 1/26/2004
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quote:

ORIGINAL: freedomdwarf1

Post #22.

I think you need to re-read that post or get new glasses.

quote:

But.... you have agreed to their terms and conditions of use.
By agreeing that you place your contributions to the site into the public domain, that does, quite literally, waive your rights to copyright on anything you post on that site.

Wrong.

_____________________________

Welcome to PoliticSpace! If you came here expecting meaningful BDSM discussions, boy are you in the wrong place.

"Hypocrisy has consequences"

(in reply to freedomdwarf1)
Profile   Post #: 27
RE: "You do not Have My Permission..." - 5/12/2014 2:49:27 PM   
orgasmdenial12


Posts: 613
Joined: 9/18/2012
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quote:

putting anything onto a public area gives anyone else indirect permission by publishing it on such a public medium and thus have waived said copyright.


This is incorrect. The only way an individual can waive copyright is to grant a creative commons license which permits other users to use it and indemnifies them from being sued. This could not be done simply by posting it on a website.

quote:

Usually most websites, somewhere in the blurb and small print, tell you that by using the site you give permission for it to be used however the site owners choose, including indemnifying them and any of their agents, that whatever you post shall not cause them legal harm, including (but not limited to) reproduction of content when asked to do so.
Those sort of words basically means you have waived your personal rights to exclusivity and copyright on whatever you put on the site.


The waiver only applies to what the website in question may do with the material. It does not extend to anyone else beyond the website, nor does it remove copyright from the original poster, it merely grants a license for the website to use and reproduce the material for reasonable promotion and commercial uses.

quote:

What are you going to sue for? Copyright infringement?
Yes, you could do, if your work was registered and if the infringer continued to use and benefit from your work after you had registered the work. However, the copyright holder also has other rights whether or not the work is registered, and whether or not the other party benefits. These rights include the ability to serve notice on the infringer to remove the work from their website. What's more, almost every website contains a waiver that members will not post work that infringes copyright, so anyone doing so has violated the terms and conditions of the website and is likely to have their account suspended or removed.

quote:

You post it, you're sharing it.
Sharing it is not the same as losing copyright over it.

quote:

by signing up and using the site he has agreed to his contributions being in the public domain.
public domain is a term used to describe works which are old enough to have had their copyright expired. This is usually somewhere between 28 - 70 years. A creator cannot willingly 'expire' the copyright on their work, however they can license their work to be used on a creative commons, which indemnifies users of the work from being sued. In order to grant this license, a user has to complete a creative commons license, which can be found here: http://creativecommons.org/choose/zero/

Submitting work to a website does not constitute either expiration of copyright or granting of a creative commons license.

A full list of when work enters the public domain can be found here: http://www.unc.edu/~unclng/public-d.htm

quote:

you don't have copyright protection on what you post freely on social sites.
This is incorrect. You have copyright as soon as you create a work, with certain limitations (one cannot copyright words, short phrases, facts, etc. One would also have a hard time copyrighting work which was 'based on' or a 'parody' of existing work, where there is a 'substantial similarity' to existing work).

quote:

by using a website you agree to their terms; which usually means you waive those rights.
You do not waive those rights - in fact you assert those rights when you upload material, you are usually required to confirm that you are the intellectual property holder of the material. The waiver on the website means that you, the copyright holder, grant a license to the website to use the work, however you do not lose or transfer copyright.

quote:

anyone copying any of it may do so without seeking prior permission and they may use it for any reason they see fit. After all, it is now public domain.
This is incorrect. Anyone copying material off the internet is required by law to get permission from the copyright holder. The only exception to this is where a reasonable search has been made and no copyright holder can be found or ascertained. Once again, only work which has expired its copyright or been granted a creative commons license can be said to be in the 'public domain' and thus exempt from copyright claims.

quote:

if someone steals it, there's not a lot I can do about it.
this is incorrect, there are several things you can do about. The first is to file a notice of copyright infringement on the person who is using it. Secondly, you can contact the Designated Copyright Agent of the website in question, providing your details and a statement that you are the copyright holder, as well as an electronic signature. This should be sufficient, in most cases, to have the material taken from the offending page.

quote:

My guess is any lawyer worth his salt would have you slammed for violating the terms of the website if you tried to claim copyright where they specifically say you waive those rights.
You only waive rights for the website to use your material for reasonable commericial or advertising purposes, nobody else is indemnified. Therefore if, for example, a newspaper serialised your blog without your permission and you wished to sue them, I'm sure there would be a great many lawyers who would be happy to take that case for you, since you would undoubtedly win :-)

quote:

if you go wailing to a court that xyz stole a bit of your profile, do you think you'd win? Do you think CM will help you or back you up?? Nope. It clearly states that you've entered it into public domain. Whilst you might technically be the author of it, you no longer own any rights to it.
this is incorrect for a number of reasons. Firstly, it is not in the public domain (see above) secondly, you still own all rights to it (see above) thirdly, an individual is not granted permission to use your information by the license you grant the website (see above). It would be unlikely that you could prosecute them for financial reimbursement for several reasons - firstly, your profile is not likely to have been registered by yourself and you can only claim for material used after registration. Secondly, you would have to show that the other party financially benefitted from the material, which they are unlikely to have done from a CM profile. The correct and most appropriate action in this case is to simply contact the website advising of copyright infringement, and they would remove the material from the other person's profile (subject to appeals by the other party).

Just out of interest, the CM policy on copyright states "We respect the intellectual property of others, and we ask our users to do the same. Accordingly, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users." http://www.collarme.com/personals/dmca.htm


It also bars members from: "Posting content or information that infringes upon any trademark, copyright, or other intellectual property rights of any party;" (7.5.3.)


(in reply to dink22)
Profile   Post #: 28
RE: "You do not Have My Permission..." - 5/12/2014 2:58:52 PM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
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Good luck with that.

I'm far more practical in my approach.

To each his/her own. Enjoy.

(in reply to orgasmdenial12)
Profile   Post #: 29
RE: "You do not Have My Permission..." - 5/12/2014 2:59:47 PM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
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Try reading CM's privacy notice.
You agree by using the site that it is available to the public.

By agreeing to the use of the site and it's terms, part of that wording states: "should immediately be considered to be public information".
That is the bit that says you have effectively waived your rights to claim copyright.
It is now public information.
If you don't agree to the site T's & C's, you shouldn't use it and leave immediately.


_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to orgasmdenial12)
Profile   Post #: 30
RE: "You do not Have My Permission..." - 5/12/2014 10:15:33 PM   
crazyml


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Joined: 7/3/2007
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quote:

ORIGINAL: Musicmystery

And you don't have copyright protection on what you post freely on social sites.

Anonymously at that.

(Well, pseudonymously anyway . . . )




Yes you do. Copyright is a right automatically assigned to the creator of any work of fiction.

The anonymity makes it more complicated to enforce, but there's nothing in the law exempting stuff posted freely on social sites.

_____________________________

Remember.... There's always somewhere on the planet where it's jackass o'clock.

(in reply to Musicmystery)
Profile   Post #: 31
RE: "You do not Have My Permission..." - 5/12/2014 10:21:31 PM   
crazyml


Posts: 5568
Joined: 7/3/2007
Status: offline

quote:

ORIGINAL: freedomdwarf1

Try reading CM's privacy notice.
You agree by using the site that it is available to the public.

By agreeing to the use of the site and it's terms, part of that wording states: "should immediately be considered to be public information".
That is the bit that says you have effectively waived your rights to claim copyright.
It is now public information.
If you don't agree to the site T's & C's, you shouldn't use it and leave immediately.



You're mixing privacy with copyright.

The term "Public information" is used in the context of privacy, it's a way of avoiding any legal responsibility for non disclosure (which isn't unreasonable given how hard it is to ensure privacy). It says nothing about copyright.

If a site wished to either assert copyright over the posts made by posters, to place their work into the public domain, or to publish it using one of the creative commons licenses, the language would have to be explicit.

_____________________________

Remember.... There's always somewhere on the planet where it's jackass o'clock.

(in reply to freedomdwarf1)
Profile   Post #: 32
RE: "You do not Have My Permission..." - 5/12/2014 10:28:36 PM   
BecomingV


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http://www.imdb.com/title/tt2084953/?ref_=ttawd_awd_tt

This is a link for an award-winning, 2013 documentary titled, "Terms and Conditions May Apply." The link will let you view the trailer free.

If you want to watch it, google these words:

"Terms and Conditions May Apply streaming online free"
and voila!

https://www.ncsfreedom.org/

^^^ That link is for the National Coalition for Sexual Freedom. You'll find answers there, too, because they fight discrimination against we kinky folk. Such as, those whom got fired for an online kinky posting.

ETA - clarity

< Message edited by BecomingV -- 5/12/2014 10:34:18 PM >

(in reply to dink22)
Profile   Post #: 33
RE: "You do not Have My Permission..." - 5/12/2014 11:07:01 PM   
orgasmdenial12


Posts: 613
Joined: 9/18/2012
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quote:

ORIGINAL: freedomdwarf1

Try reading CM's privacy notice.
You agree by using the site that it is available to the public.

By agreeing to the use of the site and it's terms, part of that wording states: "should immediately be considered to be public information".
That is the bit that says you have effectively waived your rights to claim copyright.
It is now public information.
If you don't agree to the site T's & C's, you shouldn't use it and leave immediately.



I did read the terms and conditions of CM, which is where I got the quotes from.

Public information refers to the privacy of sensitive or identifying details, such as your photograph, name, location, etc. It should not be confused with copyright, which is maintained whether the information is public or not.

(in reply to freedomdwarf1)
Profile   Post #: 34
RE: "You do not Have My Permission..." - 5/12/2014 11:11:00 PM   
orgasmdenial12


Posts: 613
Joined: 9/18/2012
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quote:

ORIGINAL: Musicmystery

Good luck with that.

I'm far more practical in my approach.

To each his/her own. Enjoy.


I fail to see anything impractical about knowing or following the law. My understanding of copyright law enabled me to quickly and easily deal with a case of copyright theft against me. Despite having been posted on a website for 3 months, and being copied and pasted hundreds of times by multiple users, all of that information was removed within 24 hours of me discovering it. Seems pretty practical to me :-)

(in reply to Musicmystery)
Profile   Post #: 35
RE: "You do not Have My Permission..." - 5/13/2014 6:44:13 AM   
Musicmystery


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Joined: 3/14/2005
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Cooperation, not litigation, saved you there.

For me--a waste of my time.


(in reply to orgasmdenial12)
Profile   Post #: 36
RE: "You do not Have My Permission..." - 5/13/2014 8:16:21 AM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
Status: offline

quote:

ORIGINAL: orgasmdenial12


quote:

ORIGINAL: freedomdwarf1

Try reading CM's privacy notice.
You agree by using the site that it is available to the public.

By agreeing to the use of the site and it's terms, part of that wording states: "should immediately be considered to be public information".
That is the bit that says you have effectively waived your rights to claim copyright.
It is now public information.
If you don't agree to the site T's & C's, you shouldn't use it and leave immediately.



I did read the terms and conditions of CM, which is where I got the quotes from.

Public information refers to the privacy of sensitive or identifying details, such as your photograph, name, location, etc. It should not be confused with copyright, which is maintained whether the information is public or not.

copyright 1) n. the exclusive right of the author or creator of a literary or artistic property (such as a book, movie, or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will. As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection. On any distributed and/or published work a notice should be affixed stating the word copyright, or copy or "c" in a circle, with the name of the creator, and the date of copyright (which is the year of first publication). The notice should be on the title page or the page immediately following, and for graphic arts on a clearly visible or accessible place. A work should be registered with the U. S. Copyright Office by submitting a registration form and two copies of the work with a fee which a) establishes proof of earliest creation and publication, b) is required to file a lawsuit for infringement of copyright, c) if filed within three months of publication, established a right to attorneys' fees in an infringement suit. Copyrights cover the following: literary, musical and dramatic works, periodicals, maps, works of art (including models), art reproductions, sculptural works, technical drawings, photographs, prints (including labels), movies and other audiovisial works, computer programs, compilations of works and derivative works, and architectural drawings. Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work. For any work created from 1978 to date a copyright is good for the author's life, plus 50 years, with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication. After that it falls into the public domain.
Source: http://legal-dictionary.thefreedictionary.com/copyright

By agreeing to and accepting CM's terms of service, you have given to another (the public) by will.
And, if you have not registered such works or added the required notifications upon said works, you would not be able to sue for infringement of copyright.
Notwithstanding the phrase "Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work." to which most of CM's contributions would fall under, the fact that you have agreed to make your contribution "common" (by placing it for public consumption) would also place such material outside of the copyright laws.

_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to orgasmdenial12)
Profile   Post #: 37
RE: "You do not Have My Permission..." - 5/13/2014 9:14:33 AM   
orgasmdenial12


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Joined: 9/18/2012
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Lol, common information refers to commonly known facts, such as who is Prime Minister or when Henry VIII was born. It in no way relates to copyrighted works which are publically available. If it was the case that posting something publically meant losing copyright, then there are an awful lot of pop stars who no longer have rights to royalties on their music because it's posted on youtube. Except that they do, because, to repeat it for one final time, you do not lose copyright to your material unless you actively fill out a creative commons license stating that you waive your rights as a copyright holder. Also, the statement that you need to put a copyright symbol on your work is a myth. You also do not need to register your work in order for it to be copyrighted, the copyright is automatic.

(in reply to freedomdwarf1)
Profile   Post #: 38
RE: "You do not Have My Permission..." - 5/13/2014 9:17:52 AM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
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And since when has YT ever paid royalties to performers who publish their works on there??

_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to orgasmdenial12)
Profile   Post #: 39
RE: "You do not Have My Permission..." - 5/13/2014 9:56:55 AM   
orgasmdenial12


Posts: 613
Joined: 9/18/2012
Status: offline
quote:

ORIGINAL: Musicmystery
Cooperation, not litigation, saved you there.


That is incorrect. Once the host company has been advised that they are hosting stolen material, they are legally required to remove it, under the DMCA (Digital Millenium Copyright Act).


(in reply to Musicmystery)
Profile   Post #: 40
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