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	<title>Myows Blog &#187; copyright</title>
	<atom:link href="http://myows.com/blog/tag/copyright/feed/" rel="self" type="application/rss+xml" />
	<link>http://myows.com/blog</link>
	<description>It&#039;s about online copyright protection</description>
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		<title>Being Original and how it affects your Copyright</title>
		<link>http://myows.com/blog/being-original-and-how-it-affects-your-copyright/</link>
		<comments>http://myows.com/blog/being-original-and-how-it-affects-your-copyright/#comments</comments>
		<pubDate>Fri, 30 Jul 2010 08:48:22 +0000</pubDate>
		<dc:creator>Steve Ferguson</dc:creator>
				<category><![CDATA[Resources]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[creativity]]></category>
		<category><![CDATA[definition]]></category>
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1978</guid>
		<description><![CDATA[“It is better to fail in originality than to succeed in imitation” &#8211; Herman Melville. Whether they do it for love or for money, all creatives want their work to be original. Originality is seen as the yardstick of creative skill and talent. But for the purposes of copyright protection, what is the threshold of [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://myows.com/blog/wp-content/uploads/2010/07/original.jpg" alt="" title="originality and copyright" width="602" height="319" class="alignnone size-full wp-image-1980" /></p>
<p><em>“It is better to fail in originality than to succeed in imitation” &#8211; Herman Melville. </em></p>
<p>Whether they do it for love or for money, all creatives want their work to be original. Originality is seen as the yardstick of creative skill and talent. But for the purposes of copyright protection, <strong>what is the threshold of creativity that makes a work original? </strong></p>
<p>Whether they are contemplating action against an infringer, or their own work is challenged, it is important that creatives understand the concept of originality.    </p>
<p><span id="more-1978"></span>A distinction needs to be drawn between copying, and using existing work to create something new. The former is infringement; the latter is a derivative work. </p>
<p>Originality begins with the choices you make when creating a work. These choices may be limited by the technical standards or best practices of your discipline, or dictated by the use to which your work is to be put (i.e. an iPod needs to play music). But then there are those creative choices you make, those that apply your signature to the work.<strong> It is these creative choices that are protected by copyright. </strong></p>
<p>Take a telephone directory – it is made up of information from the public domain and there is very little scope for arranging that information in a creative way. The creative choices that go into it are very limited. Compare this to the creation of a website. A significant amount of creativity goes into selecting the elements and putting them altogether.  </p>
<p>Originality standards are not the same in every country. There may also be different standards for different categories of works within a country (e.g. utilitarian or functional works such as computer programs and databases vs creative works). </p>
<p>However, in practice, it is often the case that the end result is the same across jurisdictions even thought different standards have been applied. </p>
<p>It must always be remembered that while creative works will by definition be ‘original’ and covered by copyright, creativity is not required to make a work ‘original.’</p>
<p>Here are a few questions to ask yourself if you ever get into a bun fight over whether your work is original (or you are taking on someone who has copied you):</p>
<p><strong>1.	Did you refer to existing work during the creative or development process? </strong></p>
<p><strong>2.	How much did that work influence you (be honest with yourself)?</strong></p>
<p><strong>3.	What “creative” choices did you make about the work, which were not based on industry techniques, best practices or the functions to be performed by the work? </strong></p>
<p>(The more intellectually creative you are, the more chance you have of the work being original). </p>
<p><strong>4.	How much of your own personality come through in the work?</strong></p>
<p><strong>5.	Can you identify elements of the work that could only come from you?</strong></p>
<p>(If not, start trying to develop a distinctive stamp you can put on your work)</p>
<p><strong>6.	Don’t be guided by the puddle of blood, sweat and tears – copying can also be hard work sometimes. </strong></p>
<p><strong>7.	If there was very little scope for you to arranging the different elements of the work because of the nature of your discipline, the choices you made when arranging those elements will be scrutinized more closely. </strong></p>
<p>(So document as far as possible how you went about selecting and/or organizing the elements)</p>
<p><strong>8.	Do you need to be factually accurate when creating the work? </strong></p>
<p>(If so, the scope for creativity may diminish) </p>
<p><strong>9.	Is the general public going to be interested in the work you have created? Is it different to other similar types of work (e.g. maps, diaries)?</strong></p>
<p>It is not easy to be absolutely novel and unique these days. But the good news is that copyright law doesn’t expect you to be before it protects you. </p>
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		<title>Dear-Google (.com)</title>
		<link>http://myows.com/blog/dear-google-com/</link>
		<comments>http://myows.com/blog/dear-google-com/#comments</comments>
		<pubDate>Thu, 08 Jul 2010 14:43:56 +0000</pubDate>
		<dc:creator>Chris Human</dc:creator>
				<category><![CDATA[In the News]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[google]]></category>
		<category><![CDATA[online]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1873</guid>
		<description><![CDATA[We&#8217;ve launched our first community open letter at dear-google.com and we&#8217;d really like YOU to sign it. When it comes to addressing the big guys, there&#8217;s a fine line between ranting and sucking up. We hope we&#8217;ve trodden that line well, but we&#8217;ll leave that up to you to judge. Basically, we&#8217;re looking for new [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignnone size-large wp-image-1875" title="Dear Google" src="http://myows.com/blog/wp-content/uploads/2010/07/screen-capture-3-600x148.png" alt="Dear Google" width="600" height="148" /></p>
<p>We&#8217;ve launched our first community open letter at <a href="http://dear-google.com/">dear-google.com</a> and we&#8217;d really like YOU to sign it. When it comes to addressing the big guys, there&#8217;s a fine line between  ranting and sucking up. We hope we&#8217;ve trodden that line well, but we&#8217;ll  leave that up to you to judge. Basically, we&#8217;re looking for new ways to  create an online culture that&#8217;s  little more mindful of copyrights  WITHOUT making it tougher to browse or use content. We figured this kind  of dialogue may be a good place to start&#8230; Here are some excerpts:</p>
<p><span id="more-1873"></span></p>
<p>&#8220;We are creative people. We are developers, photographers, bloggers,  designers. We are artists. We create for a living. We create for love.  Piracy and intellectual property theft harms us daily&#8230;. We would like to work together to make it  harder to steal using Google&#8230;. We’d like to do this without impeding the search experience or asking Google to relinquish its impartiality. We are looking for a win-win situation&#8221;</p>
<p>The foundations are then laid for a simple but effective three pronged approach:</p>
<p>1. &#8220;Penalize pirate sites that sell illegal copies of other people’s material (images, designs, templates, text, music etc.).&#8221;</p>
<p>2. &#8220;Discourage non-attributing content scrapers that profit from traffic generated through stolen content (images, text, artwork, video, data etc.).&#8221;</p>
<p>3. &#8220;Where available, we would really like to see copyright information displayed in search results for all web pages and sites (including owner, date and author details).&#8221;</p>
<p>Of course, these three points are elaborated in considerably more detail on the petition site, <a href="http://dear-google.com/">dear-google.com</a>.</p>
<p>&#8220;We believe that these three simple suggestions will help foster greater  respect for original work and the creators that create them. Please  consider working with creatives to implement these or similar measures by 11 November 2011. Not because we’re asking but because it’s right,  very not-evil and it’ll contribute greatly to an online environment that  fosters respect for content creators and their work.&#8221;</p>
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		<title>Copyright and Remixing Audio</title>
		<link>http://myows.com/blog/copyright-and-remixing-audio/</link>
		<comments>http://myows.com/blog/copyright-and-remixing-audio/#comments</comments>
		<pubDate>Sun, 13 Jun 2010 20:17:42 +0000</pubDate>
		<dc:creator>Max</dc:creator>
				<category><![CDATA[Resources]]></category>
		<category><![CDATA[audio]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[remix]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1849</guid>
		<description><![CDATA[Last week we received a very interesting question and we thought it would be good to post the question and our lawyer&#8217;s answer publicly. Here&#8217;s how it goes: My name is Victor (UK) and i&#8217;ve just signed up for an account at myows.com. However i&#8217;ve as a upcoming house musician/producer i&#8217;ve got a question which [...]]]></description>
			<content:encoded><![CDATA[<p>Last week we received a very interesting question and we thought it would be good to post the question and our lawyer&#8217;s answer publicly. Here&#8217;s how it goes:</p>
<blockquote><p>My name is Victor (UK) and i&#8217;ve just signed up for an account at <a href="http://myows.com">myows.com</a>. However i&#8217;ve as a upcoming house musician/producer i&#8217;ve got a question which has been bugging me for a while:<br />
If someone approaches me wanting to remix a song of mine, how do i go about this and what role will my copyright play in this matter? Or in a case whereby I would like to remix someone else&#8217;s original work what do i do?? If there are cost implications involved, what would i have to pay for?<br />
Please help<br />
Kindest regards<br />
Victor
</p></blockquote>
<p><span id="more-1849"></span><strong>And here is <a href="http://myows.com/blog/info/about-us/">Steve&#8217;s</a> answer:</strong></p>
<blockquote><p>Hi Victor</p>
<p>Welcome on board to MYOWS and thanks for your question, it’s a good one.</p>
<p>If you want to let someone else remix your music, you would grant them a licence to do that. The type of licence would depend on whether you want to make some money or simply want to share your work. Check out www.creativecommons.com for some licence ideas.</p>
<p>If you want to use someone else’s work, the first thing you need to do is identify exactly who owns the copyright in the song. Remember that sound recording are made up of a number of elements which are protected under copyright law. Therefore, there may be a number of different copyright owners involved in one piece of work.</p>
<p>To make it simpler for you, there are a number of organisations in different countries that can help you find out who the copyright owner is for a particular song or music. In the UK, you could try the Music Publishers Association (MPA) (www.mpaonline.org.uk)</p>
<p>You usually have to pay a royalty to a collecting society when using someone else’s music, unless you can deal with the musician directly. The amount of the royalty will depend on what you want to do with the work.</p>
<p>As an up and coming musician/producer, you definitely want to make sure that your contribution to the remix is acknowledged. You can also stop any remixing that distorts or mutilates the integrity of your work by exercising your moral rights. Likewise, when you are using someone else’s work you should also credit them in your remix.</p>
<p>We hope this gives you something to work with. If you need any more help, let us know.  </p></blockquote>
<p>We asked Victor for his permission to publish both his question and our answer, as we believe it can help a good amount of people from our <a href="http://myows.com/blog/cultivating-copyright-protection/">Copyright-savvy Creative Community</a>. If you also have questions relating to your rights, don&#8217;t hesitate to ask them on our <a href="http://myows.com/forum">forum</a>.</p>
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		<title>The story of Engage Brandcraft vs Ngage</title>
		<link>http://myows.com/blog/the-story-of-engage-brandcraft-vs-ngage/</link>
		<comments>http://myows.com/blog/the-story-of-engage-brandcraft-vs-ngage/#comments</comments>
		<pubDate>Tue, 08 Jun 2010 15:36:44 +0000</pubDate>
		<dc:creator>Chris Human</dc:creator>
				<category><![CDATA[General]]></category>
		<category><![CDATA[article]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[Legal]]></category>
		<category><![CDATA[myows]]></category>
		<category><![CDATA[protection]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=959</guid>
		<description><![CDATA[I’ve been asked to divulge the details behind the mysterious case that led to my involvement in the Myows project in the first place. The whole matter was fairly convoluted and I’m not entirely sure that the other party is to blame although a lot of other people seem pretty convinced. But here’s the story [...]]]></description>
			<content:encoded><![CDATA[<p><img class="fl" title="Fight" src="http://myows.com/blog/wp-content/uploads/2009/11/iStock_000006729656XSmall3-270x402.jpg" alt="Fight" width="241" height="358" />I’ve been asked to divulge the details behind the mysterious case that led to my involvement in the Myows project in the first place. The whole matter was fairly convoluted and I’m not entirely sure that the other party is to blame although a lot of other people seem pretty convinced. But here’s the story – make of it what you will. Just bear in mind that this is my opinion only!<br />
<span id="more-959"></span><br />
A friend of mine and I started a small brand strategy and communications firm in Cape Town at the beginning of 2007. The name is Engage Brandcraft (engage.co.za).  The logo was created from a popular font called Danube which we paid for and used for the logotype and the logo device. I was responsible for the logo’s origination myself. I’m not absolutely proud of the result now – mainly because I relied on a commercially available font for the whole thing. But I’m not technically a designer and it’s not bad. So there. Needless to say, the thing has meaning to me because I put it together and it stands for a lot (both in its implicit meaning and in the history and hardships that lie behind it). Okay okay, I know, Cry me a river.</p>
<p>But those are all my own personal happy feelings and pleasant thoughts, (probably a fair amount of ego in the mix too) shared only by my business partner and the most ardent of our team members. It’s not a public thing – at least it wasn’t until the wonderful folk at ‘ngage’ (ngage.co.za) got hold of us. (In fact their lawyers got hold of us, I like to believe they didn’t have the cojunas to call us themselves… makes you wonder). Anyway their lawyers charged us with copyright infringement and ‘passing off’ (pretending we were them: a mining PR consultancy based in another city) and hinted that we may be liable for criminal charges… we could land up in prison for our trespasses! At the time we had never heard of Ngage (complete with ‘funky’ spelling a la the 90s) and so  we bitterly contested their claim.</p>
<p>Now it’s fairly evident that our two logos look alike. They’re both in the commonly available font (Danube) and they both are based around versions of the English word “Engage” (although only one of them is correctly spelled). It is also apparent that both we and they (or their appointed designer) liked the “a” of the Danube font more than any other letter in the Danube alphabet. We created a meaningful device with ours and they used theirs to make a lovely rain pattern. Unlike the other guys though, I’m not going to cry fowl until I’ve talked everything over and got hold of the facts, I’m just saying that I don’t like what I see here. But here’s the thing that drove me nuts: it cost us about $2000 just to defend our own logo by responding with an equally unnecessary and vicious lawyers’ letter. And if we’d had to see this thing through to trial? We would be looking at upwards of $50,000. The only other alternative would be to close our doors or at least change our name and logo even though they were rightfully ours.</p>
<p>It was this very stressful, upsetting and time-wasting episode that taught me just how useless copyright law is to the man on the street if he’s acting alone. In fact, the way things work in reality can even end up costing little guys like us a fortune – just in a bid to ward off attack and prove that we are in the right.</p>
<p>Myows was started to put an end to all this kind of nonsense. The argument between us ultimately boiled down to who had their identity first. Again, I like to think it was us because as soon as we put a date to it (in our lawyer’s response), they ran away. But how cool would it have been to send them a C&amp;D letter straight off the cuff. “Thanks for bringing your theft to our attention, we have proof that we created the logo on xx/xx/xxxx, so bring it on big boy…”</p>
<p>Myows is here so you don’t have to go through the same kind of ridiculous, expensive and draining ordeal that we did. It is because of this experience that we at Engage Brandcraft (with an E) protect our work religiously and rigorously. Please don’t wait till some ponsey twit steals your work and then tries to sue you before you do the same.</p>
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		<title>KopyKat File 10: Perfect Defense</title>
		<link>http://myows.com/blog/kopykat-file-10/</link>
		<comments>http://myows.com/blog/kopykat-file-10/#comments</comments>
		<pubDate>Thu, 29 Apr 2010 23:00:22 +0000</pubDate>
		<dc:creator>NC Winters</dc:creator>
				<category><![CDATA[KopyKat Files]]></category>
		<category><![CDATA[cartoon]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[humor]]></category>
		<category><![CDATA[online]]></category>
		<category><![CDATA[theft]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1611</guid>
		<description><![CDATA[]]></description>
			<content:encoded><![CDATA[<p><img src="http://myows.com/blog/wp-content/uploads/2010/04/KKF10_40021_PerfectDefense.jpg" alt="The perfect defense against copyright infringement" title="The perfect defense against copyright infringement" width="600" height="306" class="alignnone size-full wp-image-1608" /></p>
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		<title>How Amber Tackled Copyright Theft</title>
		<link>http://myows.com/blog/how-amber-tackled-copyright-theft/</link>
		<comments>http://myows.com/blog/how-amber-tackled-copyright-theft/#comments</comments>
		<pubDate>Tue, 13 Apr 2010 17:47:33 +0000</pubDate>
		<dc:creator>Max</dc:creator>
				<category><![CDATA[Exposed]]></category>
		<category><![CDATA[Myows Buzz]]></category>
		<category><![CDATA[Reviews]]></category>
		<category><![CDATA[community]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[copyright management]]></category>
		<category><![CDATA[design]]></category>
		<category><![CDATA[review]]></category>
		<category><![CDATA[theft]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1548</guid>
		<description><![CDATA[Amber Leigh Turner is a freelance web designer who recently launched a community website aptly called Students That Freelance. In yesterday&#8217;s article, Amber relates how she discovered through Statcounter that someone was using her work without her permission. She subsequently used Myows to have the copy removed and even received a letter of apology. Are [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://studentsthatfreelance.com/blog/resources/why-no-one-is-invincible-from-copyright-infringement/"><img src="http://myows.com/blog/wp-content/uploads/2010/04/stf.jpg" alt="Students That Freelance" title="Students That Freelance" width="600" height="441" class="alignnone size-full wp-image-1547" /></a></p>
<p><a href="http://amberturner.com/">Amber Leigh Turner</a> is a freelance web designer who recently launched a community website aptly  called<a href="http://studentsthatfreelance.com/"> Students That Freelance</a>.</p>
<p>In yesterday&#8217;s article, Amber relates how she discovered through <a href="http://statcounter.com">Statcounter</a> that someone was using her work without her permission. She subsequently used Myows to have the copy removed and even received a letter of apology.</p>
<p>Are you wondering how that is possible? Then read her very well written article <a href="http://studentsthatfreelance.com/blog/resources/why-no-one-is-invincible-from-copyright-infringement/">Why No One is Invincible from Copyright Infringement</a> on StudentsthatFreelance.com</p>
<p><span id="more-1548"></span><br />
<small><strong>DISCLAIMER</strong>: I&#8217;m the one who recommended Statcounter to Amber. If you decide to give it a try, I need to warn you: <a href="http://statcounter.com">Statcounter</a> will bring out the voyeur in you and can become very addictive. For small to medium websites I personally much prefer it to Google Analytics, and I&#8217;m slowly recovering from my stataholic addiction.</small></p>
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		<title>Using Myows in the United States</title>
		<link>http://myows.com/blog/using-myows-in-the-united-states/</link>
		<comments>http://myows.com/blog/using-myows-in-the-united-states/#comments</comments>
		<pubDate>Fri, 29 Jan 2010 07:51:59 +0000</pubDate>
		<dc:creator>Chris Human</dc:creator>
				<category><![CDATA[Resources]]></category>
		<category><![CDATA[article]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[copyright management]]></category>
		<category><![CDATA[protection]]></category>
		<category><![CDATA[USCO]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1317</guid>
		<description><![CDATA[A lot has been made about Myows’ role (or potential lack thereof) in the lives of our American users. This is partly because US copyright law works slightly differently from the rest of the world and partly as a result of the availability of USCO (The US Copyright Office) to those stateside. Of course, the [...]]]></description>
			<content:encoded><![CDATA[<p><img class="fr" title="American flag" src="http://myows.com/blog/wp-content/uploads/2010/01/iStock_000008591357XSmall-270x179.jpg" alt="American flag" width="270" height="179" />A lot has been made about Myows’ role (or potential lack thereof) in the lives of our American users. This is partly because US copyright law works slightly differently from the rest of the world and partly as a result of the availability of USCO (The US Copyright Office) to those stateside. Of course, the two are linked. For those who are confused, allow me to clarify:</p>
<p>The question essentially is this: because USCO is available to US users and certain rights are exclusively granted to parties that register their work with this authority, what is the point of using Myows? Here’s my opinion on the matter.<br />
<span id="more-1317"></span><br />
<h4>Myows was started as an effective response to the problem of growing copyright infringement globally – especially due to increased internet penetration and the resulting ease with which work can be stolen, copied and sold online.</h4>
<p>In most countries, copyright is automatically assumed by the author when an original work is created. When two parties dispute copyright in a particular work, the arbitrator or judge looks at the evidence provided by both and decides accordingly to whom the copyright belongs. </p>
<p>The US is the only country, to my knowledge, that allows for the registration of copyrightable material but this does not require the registration thereof in order to claim copyright in the US – a common misconception.</p>
<h4>Parties who have not registered their work with USCO still have the same essential rights as those who do so but with a two key exceptions:</h4>
<p>- If your case lands up in a US court, you will be presumed to be the owner of the work if it was registered with USCO and the burden of proof would then rest with the other party to show that the copyright does, in fact, not lie with you.If the other party can prove that they were the original creator, then your rights – even as an USCO registered creator – will fall away, unless you could prove that the other party ceded their rights to you.</p>
<p>- Should they win their case, users of USCO will be able to claim punitive damages <span style="text-decoration: strong;">in addition</span> to other damages. However, a non-USCO user would still be able to issue an injunction against unauthorized infringement and claim for loss of income if commercial loss can be established.</p>
<p>Bear in mind that these differences only become relevant if a dispute is escalated to full-blown litigation which is both expensive and time consuming and is not really feasible for many creators (especially those who consistently produce larger quantities of work).</p>
<p>USCO registration will likely have no bearing on cases involving cross-border copyright theft where at least one party is not a citizen of (or registered in) the US.</p>
<h4>Myows is primarily a <span style="text-decoration:em;">management</span> app. </h4>
<p>The protection facility is a very important part of the offering presented to the Myows community but it forms part of a wider management function. </p>
<p>Sure, Myows creates valid and valuable evidence for you, but it also stores and arranges your evidence along with the original files (of all kinds). The service goes way beyond registration.</p>
<p>Myows allows you to organize all of your copyrightable material along with associated licenses, releases and cases past and present. </p>
<p>Myows also gives you access to legal templates, provides you with sound legal information and helps you follow the correct procedural steps when dealing with infringements, assisting in ensuring that you are in compliance with the law. </p>
<p>The scope of the app will eventually extend beyond even this (for example: suggesting dispute resolution options and putting you in touch with legal advice in your area). These functions are clearly outside the ambit of USCO, they are also not at odds with USCO’s services.</p>
<h4>Myows is free and instant. </h4>
<p>Basic USCO registration takes a while to process and costs $35 minimum. You could also end up paying for other sundry items thereafter (Issuance of a receipt for a sec 407 deposit = $30). </p>
<p>If you write 3 blog articles a day or take 50 new pics a month and you want to register them with the government office, it’s going to cost you serious time and money. Myows saves you both and it is easy and enjoyable to use, whilst still creating genuine and useful evidence.</p>
<h4>Essentially, USCO and Myows are not mutually exclusive</h4>
<p>To be honest, if I were based in the US I would upload all my work to my Myows account. Then, when I created something very unique and valuable with an imminent and high threat of theft, I would also register that work with USCO. </p>
<p>And what would I do with my proof of USCO registration? I’d save it with the corresponding work on Myows of course.</p>
<p>Find out more about USCO at: <a href="http://www.copyright.gov/">http://www.copyright.gov/</a></p>
<p><small>* Footnote: Myows has been designed, in part, to represent a global copyright savvy community.<br/></p>
<p> It is an app as well as a movement and we need as much support as possible if we are to achieve our goal of empowering creators and reducing the incidence of online copyright. Strength in numbers is also something to think about here if the idea appeals to you too!</small></p>
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		<title>The Small Matter of Creative Zeitgeist</title>
		<link>http://myows.com/blog/the-small-matter-of-creative-zeitgeist/</link>
		<comments>http://myows.com/blog/the-small-matter-of-creative-zeitgeist/#comments</comments>
		<pubDate>Mon, 18 Jan 2010 00:08:31 +0000</pubDate>
		<dc:creator>Chris Human</dc:creator>
				<category><![CDATA[General]]></category>
		<category><![CDATA[article]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[definition]]></category>
		<category><![CDATA[zeitgeist]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=919</guid>
		<description><![CDATA[I was recently on one of my more vociferous tirades… something to do with prolific creative theft, copying and piracy… about the flagrant disregard for the rights of fellow creatives (and their livelihoods). How can everyone be so dishonest and selfish? As always, reason found me eventually and calm returned. This time it came in [...]]]></description>
			<content:encoded><![CDATA[<p><img class="fr" title="Zeitgeist" src="http://myows.com/blog/wp-content/uploads/2009/11/iStock_000003187187XSmall1-270x192.jpg" alt="Zeitgeist" width="270" height="192" />I was recently on one of my more vociferous tirades… something to do with prolific creative theft, copying and piracy… about the flagrant disregard for the rights of fellow creatives (and their livelihoods). How can everyone be so dishonest and selfish? As always, reason found me eventually and calm returned. This time it came in the form of a lawyer friend… She rightly pointed out that in many (if not most) cases involving copyrights there is no clear antagonist, no obvious victim. Put simply: both parties often feel that they are in the right.</p>
<p><span id="more-919"></span><br />
<h2>This situation can come about for a number of cases</h2>
<p>One example is when an unscrupulous third party is involved. For instance, a respectable company may hire a shifty “designer” to design a new logo and end up with copied work which they end up trying to defend a few years later by suing the actual owner. </p>
<p>Another possible scenario is subconscious copying. On a small level we all unknowingly copy parts of each other’s ideas, ‘looks’ and styles every day, the question here is where to draw the line and the law is usually pretty specific about that.</p>
<p><strong>But perhaps the greatest cause of these confusingly common “perp-free” cases is simply that sometimes two people come up with bizarrely similar work at the same time. No!&#8230; Yes! Why? </p>
<p>Because 1) There is nothing new under the sun and 2) we all operate in the same or similar Zeitgeist* especially in today’s globalised and online world. </strong></p>
<p>It’s also becoming far easier to find similar work because of the sheer number of creative’s operating on the web.</p>
<p>Your next great piece of copy is a result of your inspiration and approach that, in a global world, may be frighteningly similar to mine. And your resulting work may be too (especially if it’s simple work  &#8211; a four word payoff line or a clean, simple logo or name). </p>
<p>If you’re at the edge of your art/science, look to the left and right of you. You’re not alone. It’s possible that others are stepping on remarkably similar territory, coming from the same collective sources of inspiration, solving the same problems, developing at similar speeds, and approaching their crafts using the same tools and methods. Remember Nylon? Invented, so the story goes, in New York and London separately but simultaneously.</p>
<p>Take for example the proliferation of ‘love brands’ three years ago. Love was, very literally, in the air: Love your skin<sup>TM</sup>, love yourself<sup> TM</sup>, juice is love<sup> TM</sup>, we are love<sup> TM</sup>, I’m lovin’ it<sup>TM</sup> . love love love… grey is the new black, yellow is the new grey. Then there were the three word payoff lines: simpler, better, faster<sup> TM</sup>; today, tomorrow, together<sup> TM</sup>, “word, word, word”. </p>
<p>Recycling is in (so too is brown paper and energy saving ‘dark sites’), bling is out… oh no wait, it’s back in. Illustrator has a new gradient plug-in, the word “unfriend” has just been added to the dictionary. </p>
<p><strong>Design, writing, photography, all of the creative arts sit on a greater platform called zeitgeist and as we develop together similar ideas and work emerges from entirely disparate sources. It happens.</strong></p>
<h2>Now bear in mind that blatant copyright infringements are also commonplace</h2>
<p>The danger of the whole zeitgeist thing is that it can be branded about as an excuse.</p>
<p>Naughty naughty. </p>
<p>But in cases such as these, more so than in any other, it boils down to WHO WAS FIRST. See where I’m going with this? And remember my zeitgeist take on things is just my take on things – perhaps another of the subjective tirades I seem to be so fond of. But then again, perhaps you’ve had mysteriously similar thoughts yourself? Perhaps we’re standing together at the cutting edge of copyright philosophy? Perhaps you yourself are a writer and you’ve written/are writing a little piece similar to this yourself? Maybe it’s very very similar. </p>
<p>Whatever the case, I’m cool with it. But be warned: if you do in fact copy me then sleep with one eye open. I’ve already uploaded this article on <a href="http://myows.com">Myows.com</a> and I WILL take you down.</p>
<p>*Zeitgeist roughly translates to “the spirit of the time”. See more at <a href="http://en.wikipedia.org/wiki/Zeitgeist">http://en.wikipedia.org/wiki/Zeitgeist</a></p>
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		<title>Copyright Basics for Graphic Designers : Part 2</title>
		<link>http://myows.com/blog/copyright-basics-part-2/</link>
		<comments>http://myows.com/blog/copyright-basics-part-2/#comments</comments>
		<pubDate>Fri, 15 Jan 2010 07:48:15 +0000</pubDate>
		<dc:creator>Steve Ferguson</dc:creator>
				<category><![CDATA[Legal]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[definition]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1236</guid>
		<description><![CDATA[In Part 1 of our series of articles on copyright for graphic designers, I introduced you to the basics of copyright &#8211; what it is, how it can be infringed and how to protect it. In Part 2, I will look at the traditional ways you can make money from your creativity. Copyright is like [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://myows.com/blog/wp-content/uploads/2010/01/copyright-basics_2.jpg" alt="Copyright basics - make money from your creativity" title="Copyright basics - make money from your creativity" width="600" height="249" class="alignnone size-full wp-image-1242" /></p>
<p><strong>In <a href="http://myows.com/blog/copyright-basics-for-graphic-designers-part-1/">Part 1 </a>of our series of articles on copyright for graphic designers, I introduced you to the basics of copyright &#8211; what it is, how it can be infringed and how to protect it.</p>
<p>In Part 2, I will look at the traditional ways you can make money from your creativity.</strong></p>
<p>Copyright is like a picnic basket with different goodies inside. You may not want everyone to share everything in your basket, and instead you want to limit what they can and cannot do with your copyright. For example: you may allow one person to publish your work as is, while allowing another to adapt it and publish a new version.</p>
<p><span id="more-1236"></span>You can also grant the same rights to people in different countries or geographical areas where you have copyright or give all of your rights away to one person who enjoys your copyright throughout the world.</p>
<p>Finally, you can limit the time period in which people can enjoy your rights. Think of the software you use and the annual subscription fees you pay to renew your licence rights. </p>
<h2>There are 2 recognised legal ways you can grant rights in your work to others:</h2>
<p>1.    By assignment; or</p>
<p>2.    By license.</p>
<h3>Assignment</h3>
<p>Assignments are basically like the sale of your copyright to someone else. For as long as the person you assigned your rights to (the assignee) enjoys your rights, you cannot exercise them. The assignee is the new holder of the copyright and they, in turn, can assign or licence the rights onto someone else. If someone unlawfully infringes the copyright, it is the assignee who must enforce it.</p>
<p>Assignments can be limited to a particular country. For example, you can assign your copyright in the UK, but still enjoy it in the US. Assignments can also be limited to a particular period of time. Once the time period ends, the copyright reverts back to you as the original holder.</p>
<p>A valid assignment can only be carried out if there is an underlying agreement to assign your copyright and the assignment itself is reduced to writing and signed by you. It is always a good idea to draw up a contract setting out exactly what is being assigned and specifying if there are any limitations.</p>
<p>You can assign your future copyright in a work still to be designed. However the assignment will only be effective once the work has been born and is vested with copyright.</p>
<p>If you are assigning your copyright, you will usually be able to charge a higher price because you are limiting your ability to earn money from it in other ways.</p>
<h3>Licensing</h3>
<p>A license is basically a promise from you, the copyright holder, not to sue the person holding the license (the licensee) when they exercise some or all of your copyright. Unlike with an assignment, you remain the owner and merely allow the licensee to exercise the right.</p>
<p>Copyright licensing is a bit like the design process itself &#8211; there are an infinite number of licence variations limited only by the creativity of the drafter.</p>
<p>Licenses can be exclusive, i.e. no-one but the licensee is allowed to enjoy the same rights for the period of the license; or non-exclusive where the same rights can be granted to various people.</p>
<p>Non-exclusive licenses don’t have to be in writing, and can be given verbally or even by conduct (E.g. if someone is using your work without your permission but you don’t object). Unless the license is specifically agreed to be non-revocable, you can take it away at any time. However if the terms of the license are that it is perpetual, then it cannot be terminated unless further agreement is reached or the licensee commits a breach of the license.</p>
<p>An exclusive license must be in writing and signed by you. If an exclusive license is not reduced to writing and signed, it becomes a non-exclusive license. The exclusive licensee has the right to take action against third parties for copyright infringement in his or her own name. Their right of action exists concurrently with your own right of action.</p>
<p>In Part 3 we will look at new forms of licensing which have been introduced to accommodate new ways of sharing content on the internet and across other digital platforms.</p>
<p><small>If you have any queries, leave a comment, contact Steve (steveatniccifergusondotcodotza) or post your question on the <a href="http://myows.com/forum">Myows Forums</a>.</small></p>
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		<title>Copyright basics for graphic designers &#8211; Part 1</title>
		<link>http://myows.com/blog/copyright-basics-for-graphic-designers-part-1/</link>
		<comments>http://myows.com/blog/copyright-basics-for-graphic-designers-part-1/#comments</comments>
		<pubDate>Tue, 22 Dec 2009 23:28:38 +0000</pubDate>
		<dc:creator>Steve Ferguson</dc:creator>
				<category><![CDATA[Legal]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[client]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[definition]]></category>
		<category><![CDATA[theft]]></category>

		<guid isPermaLink="false">http://myows.com/blog/?p=1178</guid>
		<description><![CDATA[If you are a designer, your bread and butter is your creative work. Unfortunately, the internet and other digital technologies have made it easier for copycats to steal your work or pass it off as their own. The law of copyright is there to protect you. But if you don’t know how copyright works or [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://myows.com/blog/wp-content/uploads/2009/12/copyright-basics.jpg" alt="copyright-basics" title="copyright-basics" width="600" height="249" class="alignright size-full wp-image-1182" /></p>
<p><strong>If you are a designer, your bread and butter is your creative work. Unfortunately, the internet and other digital technologies have made it easier for copycats to steal your work or pass it off as their own. The law of copyright is there to protect you. But if you don’t know how copyright works or how you can use it to protect your work, it is pretty useless. </strong></p>
<p><strong>In this series of articles, we hope to arm you with some working knowledge on copyright and how you can use it to protect your creative work.</strong></p>
<p><strong> </strong></p>
<p><strong>What is copyright?</strong></p>
<p>Without getting into the legalese, copyright is basically the right to stop other people from copying, publishing or adapting your creative work without your permission.</p>
<p>Looking at from the opposite angle, the owner of the copyright in an original work has the exclusive right to copy it, publish it, display it, distribute it, or make new works from it.</p>
<p><span id="more-1178"></span><strong>What is not copyrightable?</strong></p>
<p>Designers need to take into account that the following items cannot be copyrighted:</p>
<p>-       titles, names, short phrases, and slogans;</p>
<p>-       familiar symbols or designs;</p>
<p>-       mere variations of typographic ornamentation, lettering, or coloring;</p>
<p>-       mere listings of ingredients or contents</p>
<p>-       Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices</p>
<p>-       Common information such as calendars, measurement charts, TV guides</p>
<p>-       Government or legal documents</p>
<p>A number of these things may be protected by trademarks. But it will be the client, and not the designer, who will be entitled to apply for trademark protection.</p>
<p>If you are not sure whether your new logo design would qualify for copyright protection, consult a specialist attorney.</p>
<p><strong>When do I have these rights?</strong></p>
<p>Copyright comes into force as soon as you have transferred a great idea from your head to something written, drawn, doodled or typed on a pad, computer or sandstone tablet.</p>
<p><strong> </strong></p>
<p><strong>Do I need to register my copyright?</strong></p>
<p>Registration is not a requirement for enjoying copyright protection. However in the US, registration is necessary if you want to enjoy certain benefits (presumption of copyright ownership, right to claim statutory damages) when suing a copycat in court.</p>
<p><strong>What does the © do and do I need to put it on my work? </strong></p>
<p>Putting a copyright notice on your work is not compulsory (unless you can use it as a new design element). But it does tell people that the work is copyrighted and prevents defendant’s from claiming innocent infringement when you sue them (damages are not payable by an innocent infringer).</p>
<p><strong>Does my new creation need to be absolutely original to enjoy protection? </strong></p>
<p>Your work does need to be original if you want to enjoy copyright protection. But the test for originality is not a strict one. Your work doesn’t need to be of the “never been seen or done before” kind. It simply needs to originate from you with an ounce of independent skill and effort thrown in.</p>
<p><strong>Can I use someone else’s work to create a new one? </strong></p>
<p>Using someone else’s work to create a new one may be copyright infringement if you don’t have that person’s permission. However, the copyright in the new work (known as a <em>derivative work</em>) will then be owned by both of you. You will be able to assert your rights over the new part that you created, even if you have infringed someone else’s copyright over the old part.</p>
<p>The distinction also needs to be drawn between copying, which negates originality, and using existing material or knowledge common to you and to other people in your industry. This common knowledge doesn’t negate originality.</p>
<p><strong>If I create the work, will I always own the copyright?</strong></p>
<p>The short answer is yes, but there are some exceptions. If you are employed and you design something for your employer, they will usually own the copyright.</p>
<p>If you are not employed but you do work for a client and agree to assign the copyright in the work to the client, you will not be the owner of the copyright.</p>
<p><strong>How long does copyright last?</strong></p>
<p>The term of copyright protection differs from country to country. But the rule of thumb is basically while you are alive and for 50 years after your death (70 years in the US).</p>
<p><strong> </strong></p>
<p><strong>Do I need to assign copyright to my clients?</strong></p>
<p>This will depend on the way you offer your services or run your business. If you are designing a number of templates and licensing them to a number of people for a relatively low fee, you would want to retain your copyright. If you are designing customized brands and getting paid a lot of money for it, the client probably should be entitled to the copyright in that work.</p>
<p>However, the way the law is framed at the moment, if your copyright is not <em>assigned</em> in writing to the client, you will remain the owner. This is not common knowledge and client’s often mistakenly believe that they are automatically the owners of the work you do for them.</p>
<p>It is often a useful tool for getting your money by agreeing with the client that you will assign the copyright to them once they have paid your full fee.</p>
<p><strong>What are the client’s rights to the work if I don’t assign them the copyright?</strong></p>
<p>If there is no written assignment agreement relating to copyright ownership between you and your client, the client will generally have a licence to use your work. It will usually be implied that the licence is a non-exclusive, personal, irrevocable and royalty-free licence to use your work for as long as you enjoy copyright protection over the work.</p>
<p>The client does not usually have an automatic right to tamper with or change your work and they cannot sub-licence it to other people.</p>
<p>The best thing to do when offering your services is to present a written document to your clients setting out how you want to deal with the copyright issue. These standard terms can bring a level of certainty to your relationships with your clients and costly disputes can be avoided.</p>
<p><strong> </strong></p>
<p><strong>If I put my work on the internet, do I lose my copyright?</strong></p>
<p>No, you will still enjoy full protection if you post your work online. Remember to put your copyright notice on the webpage containing your work just to remind people of this.</p>
<p><strong>How can my copyright be infringed?</strong></p>
<p>Your copyright will be infringed when someone copies or adapts a <em>substantial</em> part of your designs without your authority. Tests vary from country to country on what is regarded as <em>substantial</em> but the rule of thumb is that the substance of your work is that part that gives it its originality.</p>
<p>Your copyright can also be infringed by someone else who doesn’t copy or adapt your work but who distributes or makes infringing copies of your work available for sale or rent when they know that your copyright has been infringed.</p>
<p><strong>What do I need to prove if I want to sue a copycat?</strong></p>
<p>Outside the US where copyright registration is not used, you need to keep records of the works you create and that you created them. This should be independently verified by a third party (like <a href="http://myows.com">Myows</a>). Once can you can show the court that you are the owner of the copyright in the work, you must then show that there is some connection between your work and the copied version.</p>
<p>If you can prove that the copycat had access to your work before the copied version was created, that is half the battle won. However, the opposite also holds true. If the copycat can show that they didn’t have any access to your work and that they came up with the exact same work on their own, you will both have copyright in that work.</p>
<p><strong>What defenses can be raised by the copycat?</strong></p>
<p>Copycats will usually try to disprove that you are the owner of the copyright or that they came up with the work on their own. Getting independent, time-stamped evidence of when you created your work will again be an effective answer to these tactics.</p>
<p>Copycats often argue that, by your own actions, you have abandoned or waived your copyright in your work. It is therefore important that you remain vigilant and crack down on any infringements as soon as you discover them.</p>
<p><strong>What does <em>fair use</em></strong><strong> mean?</strong></p>
<p>Most countries allow limited copying, without permission, of protected work for private study, research, criticism, and news reporting. The copying needs to be fair in the sense that it should not deprive you of your rights or your ability to make money from your designs.</p>
<p>Most copying that happens is for commercial gain and the copycats will not be able to rely on the defence of fair use or fair dealing.</p>
<p><strong> </strong></p>
<p><strong>What are my legal remedies if someone copies my work?</strong></p>
<p>There are a number of legal remedies you can ask the court for if you find someone has copied your designs without your authority.</p>
<p>1.    You can apply for an injunction (also known as an interdict) to prevent further copying or distribution of your work.</p>
<p><span style="text-decoration: underline;"> </span></p>
<p>2.    You can ask the court to order the copycat to deliver-up all the infringing copies of your work.</p>
<p><span style="text-decoration: underline;"> </span></p>
<p>3.    You can claim damages OR a reasonable royalty for the copies of your work that has already been made and used by the copycat.</p>
<p>4.    If the infringement was flagrant and you can prove that the copycat intentionally stole your design, you can ask the court to award additional punitive damages. <span style="text-decoration: underline;"> </span></p>
<p><strong>Can I threaten a copycat with criminal charges?</strong></p>
<p>Yes, copyright infringement is also a criminal offence. Unfortunately, most countries don’t have dedicated police and court officials to deal with copyright cases. The case usually takes a while and you have no control over the process. However, criminal action may be welcome relief from the expense of bring a civil suit.</p>
<p><strong>Do I need to appear personally in court to protect my copyright?</strong></p>
<p>The laws of most countries allow you to bring your evidence to court in the form of an affidavit. You will only need to appear personally if the court needs you for further questioning or to provide more clarity on the evidence you presented by affidavit.</p>
<p><strong>Do I have copyright protection in other countries?</strong></p>
<p>You will enjoy copyright protection for your designs in most other countries who are signatories to the Berne Convention for the Protection of Literary and Artistic Works. The Convention guarantees protection of your rights in all countries party to the treaty at the same level as you would enjoy in your own country.</p>
<p><strong> </strong></p>
<p><strong>What is digital rights management (DRM)? </strong></p>
<p>DRM is a technology solution to the problem of copyright infringement. Digital watermarks or disabling the right-click save mechanism for online images are two examples. International laws have been introduced to prevent DRM technologies from being hacked or circumvented in an effort to stop copyright infringement at the source.</p>
<p><small>If you have any queries, leave a comment, contact Steve (steveatniccifergusondotcodotza) or post your question on the <a href="http://myows.com/forum">Myows Forums</a>.</small></p>
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