Hedir Review : some copyright questions

consumerism · Joined: 09 Aug 2006 Posts: 771 21940 Hedir Points

Does anyone know how copyright laws apply to any of these:

1) recipes
2) pictures from webcams
3) screenshots from video games

Any thoughts / info?

Discovery · Joined: 05 Jun 2006 Posts: 111 14860 Hedir Points

hi,

I have also Trademark Problem.

One day I got this comment:

consumerism · Joined: 09 Aug 2006 Posts: 771 21940 Hedir Points

That's strange, because the Open University at one point was also using the slogan 'Opens Minds, Opens Doors' and that's even more similar to "Open hearts. Open minds. Open doors." I guess the question is, if they've trademarked that whole slogan have they also trademarked that part of it and /or variations of it? Also I think trademarks apply to particular catgories of products or services but some of them are very general.
Are these people definitely who they say they are?

consumerism · Joined: 09 Aug 2006 Posts: 771 21940 Hedir Points

Oh I see from your blog you really did have the whole thing - LOL! So is your blog quite widely read in United Methodist circles then? Wink

Discovery · Joined: 05 Jun 2006 Posts: 111 14860 Hedir Points

I am not sure, but as per Google analytic there is only 2-3 visitor on a day from United Methodist.

consumerism · Joined: 09 Aug 2006 Posts: 771 21940 Hedir Points

For a minute I actually considered the possibility that Google was really tracking this. But I will be sure to ask about your linux blog next time I go to the methodist hall for toddler group Wink

Discovery · Joined: 05 Jun 2006 Posts: 111 14860 Hedir Points

Thank you so much consumerism. You are great Guy

AlphaWebDesigns · Posted: Thu Sep 27, 2007 3:39 am Post subject:

Some people take their trademarks very seriously (Paris Hilton had her lawyer trademark the phrase "That's hot" and now is suing Hallmark Cards for using it in one of their cards.)

United Methodist really registered that phrase as a trademark: http://tess2.uspto.gov/bin/showfield?f=doc&state=5ch4n8.2.1

You should review some general trademark info and find out if a trademark is for the entire phrase only, or is everyone restricted to not using each segment? So I can't continue saying "Open mind" without paying royalties to United M? Wow, is THAT totally stupid!!

Copyright laws are not the same as trademark laws. They protect different things. You are restricted from using other people's images without permission, even if they do not specifically state the material is copyrighted. So you can't use someone else's web cam images on your web site without permission, it isn't "public domain".

The likelihood of you getting nailed for using someone's material is probably related to how widespread your use is, and whether you are using it to make money. If you steal someone's photo from their site and use it on your personal blog about pit bull roller skating that gets 10 visitors per year, I doubt you'll ever hear from them. But if you put that same photo on your shopping cart site that gets 100,000 visitors per day, you may have more of a problem from the owner of the photo.

It is just wrong, whatever the consequences or lack thereof, to use someone else's material (writings, photos, graphics, web cams, etc) without asking permission. Just because it is on the internet does not make it free for everyone to use. Even when you know all you have to do is right click and save ...

But using parts of a trademarked phrase? That's just too weird ... I'm interested to know what you may find out about this. Good luck Smile

consumerism · Joined: 09 Aug 2006 Posts: 771 21940 Hedir Points

Hey writergrrl,
I can definitely see your point about other people's material, especially if it's pictures they have taken themselves and published on their own websites. But in the case of a webcam, isn't that also just a view from a specific point, and do the webcam owners then have a copyright on every view that could possibly appear through their camera? So if you took a screenshot of a view through their webcam at a particular time, even if it was a view of a public place and they had never even seen it, would they still own it?

Also with videogames, if the company has coded for particular items to appear, some of them behaving randomly, would they own any possible picture generated (I can see more of a case for this one).

And for recipes, they are a set of instructions rather than a specific wording...?

These all seem less clear cut to me than copying text or pictures from somebody else's website.

As for the trademarked phrase, surely it must be the whole thing that is trademarked or it really would be impossible to avoid this.

But apparently there is a new lawyer around, maybe he can explain some of this? Smile

consumerism · Joined: 09 Aug 2006 Posts: 771 21940 Hedir Points

that reminds me I should probably change my picture again