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Copyrighting/trademarking works and names

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PostSubject: Copyrighting/trademarking works and names   Thu Jun 19, 2008 6:10 pm

OK, since some people seem to be confused on the whole copyright©/trademark™ business, I'm going to explain the main differences between the two and tell you what the purpose of each is.

For copyrighting, I'm going to start by quoting what I said in the other thread.

Quote:
Countries that abide by the 1886 Berne Convention (USA Being one of them) adhere to the rule that "copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires."

So basically, what this quote is saying is that if you make something then you are automatically entitled to the copyright without having to purchase one. All you have to do is display your copyright © notice somewhere on the work/page/etc, and that ensures that no one can take your work.

Now, allow me to explain what a copyright actually is/does.

A copyright is over a specific piece of work - like a file, article, document, etc that you made. Basically what it does is it prevents people from stealing your work. However, with a copyright someone can still copy your idea and as long as they don't directly infringe your copyright, you can't do anything about it. People can still create and distribute similar works.

I've been told that this fight is because both games/forums seem to have similar names or designs.; this is where people seem to be confusing copyrighting and trademarking.

A copyright has nothing to do with a specific name or design. A trademark is over a name or design - you have to pay for it, it ensures no one else can use that name or design. If you do not have a name trademarked, that means anyone can use the specific name or design.

And those are the basic differences between trademarking and copyrighting something. Unless the other WW has the name trademarked (they don't), they can't take any legal action/get this site closed down in any way.
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PostSubject: Re: Copyrighting/trademarking works and names   Thu Jun 19, 2008 9:06 pm

thanks for posting this man. i'm gonna post it on the other WW.
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PostSubject: Re: Copyrighting/trademarking works and names   Thu Jun 19, 2008 9:52 pm

Man, I'm glad you're here...
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PostSubject: Re: Copyrighting/trademarking works and names   Wed Jul 09, 2008 9:54 pm

Waddle posted this on Forumotion Support after I asked to set the whole forum to guests-only:

Quote:
Stop complaining, idiot. You copied us (us being me and my game.) You claim that you have a copyright when you don't. your members claim that you don't need one, that according to some little piece of legal info when a person publishes something, they do not need a copyright because they are automatically entitled to the idea and other people are restricted from plagiarizing. Well, I made the *censored* game first, so you should be in jail for plagiarism, and hacking (a violation of the Internet Security Code).

Also, I have private messages Typlo three times, and the message are not in my outbox, so he has read them, but I haven't got a response. I expect, since forumotion 'is the best forum host on the web,' to get a response to a problem from an administrator.

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PostSubject: Re: Copyrighting/trademarking works and names   Wed Jul 09, 2008 10:27 pm

Sonicfan574 wrote:
Waddle posted this on Forumotion Support after I asked to set the whole forum to guests-only:

Quote:
Stop complaining, idiot. You copied us (us being me and my game.) You claim that you have a copyright when you don't. your members claim that you don't need one, that according to some little piece of legal info when a person publishes something, they do not need a copyright because they are automatically entitled to the idea and other people are restricted from plagiarizing. Well, I made the *censored* game first, so you should be in jail for plagiarism, and hacking (a violation of the Internet Security Code).

Also, I have private messages Typlo three times, and the message are not in my outbox, so he has read them, but I haven't got a response. I expect, since forumotion 'is the best forum host on the web,' to get a response to a problem from an administrator.

-Waddle50008


Waddle is an idiot...I almost fell back in my chair laughing...

Wtf? He is stupid...
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PostSubject: Re: Copyrighting/trademarking works and names   Wed Jul 09, 2008 10:33 pm

Any link to that topic?
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PostSubject: Re: Copyrighting/trademarking works and names   Wed Jul 09, 2008 10:34 pm

http://help.forumotion.com/other-problems-f46/members-only-t19804.htm#106615
^ Rite dere. Exact link to Waddle's post.
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PostSubject: Re: Copyrighting/trademarking works and names   Wed Jul 09, 2008 10:41 pm

What's with all this 'going to jail' stuff. You can get your site closed down, but that's about it.
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PostSubject: Re: Copyrighting/trademarking works and names   Mon Aug 11, 2008 9:08 pm

Actually, they would need proof they had the idea first, they would have to pay about $15,000 in total for the court fees and laywer, they would also need to have copyrighted there idea and then after all that work and money you would get your site shutdown for copyright infringment.

That would be if they could prove it and they found you guilty though. That would be hilarious if they actually did that.

Also you cannot go to jail for hacking a forum like this, hacking is legal but if you hack a secure site or a large companies site then they can sue you depending on what you did to there site.
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PostSubject: Re: Copyrighting/trademarking works and names   Mon Aug 11, 2008 9:35 pm

...so what it really comes down to is some twelve year old kid on the internet thinking he knows everything, being a jerk, spamming, crying about his stupid site, and being an overall pain in the arse.
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