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Thread: Copywrite question

  1. #1
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    Copywrite question

    My first post my first concern.

    After reading over and over on the topic about flash games being used over and over taking the copywrite information off it.

    I have a website that has some flash games on them that may or may not be from one of you guys. They run well with my phpnuke site and they keep my members entertained.

    My question is have you followed all theses steps.

    How To File A Copyright - It is crucial that a copyright application registration be correctly completed before filing. Failing to correctly complete the form can be adverse effects in the validity if the copyright and the ability to stop other parties from using your copyrighted work.

    At first blush, the application forms provided by the copyright office appears to be very simple to complete. The forms themselves are not extraordinarily complicated or lengthy. It is the decisions that must be made regarding what information is placed in those forms that can be complex.

    Steps In Preparing Registration Forms -

    First Step - Collect Information - In order to properly complete a copyright application, it is important to first collect all relevant information regarding the work to be copyrighted including all of the contents and components of the work and the methods and processes involved in creating the work. Information should also be collected concerning all parties, employees and outside parties, who played a role in the development process. From this information, crucial decision must be made regarding the completion of the application and what may be required in order to properly complete the application.

    It pays to be thorough in collecting this information. A checklist should be planned and completed as this information is collected and as decisions are made regarding the contents of the application.

    Step 2 - Select The Proper Copyright Form - There are several different registration forms that may be used depending on the nature of the work. Selecting the appropriate form is crucial to the validity of the copyright and can be one of the more complicated aspects of the process. This decision can be fairly complicated, especially where a work contains several different aspects. This is often the case in web and multimedia applications which often include numerous components which may include graphics, video, textual content, programs, databases, and other materials.

    Step 3 - Determine Who Has The Right To Register A Copyright - You should determine from the facts that you develop about the development process and the individuals involved, who is the appropriate party to file the application or to otherwise be included on the copyright registration form. Generally, the author has the copyright and the right to file the registration. However, the author can assign this right to an owner. Determining who is the author in a given situation where a number of parties may be involved in the development process can be complicated. Also, determining whether the all rights have been appropriately assigned to the owner, including the right to register the copyright in the owner's name.

    Step 4 - Properly Completing Registration Forms - As discussed above, it is crucial to properly complete the registration form to assure the validity of your copyright.

    Step 5 - Determining The Appropriate Archive Materials - Most works require you to include an archive copy of the work being copyrighted along with your application. It is important to determine the precise archive requirement for the type of work that you are registering. You need to comply with the archive copy requirements to the tee.

    Step 6 - Copyright Fees and Transmittal of Applications - Be sure to include the appropriate filing fee payment and form of payment with your application. Be sure that the sent to the appropriate address and include appropriate postage and copies. Make copies of your application for your records.


    So if you havent then really your games arent copywrited and people can use them all they want. I know that a lot of people just say "Hey thats my game its copywrited, you need to take that off or else"

    Dont get me wrong I have for RESPECT for all designers alike. I just want to have my story strait. It would be cool if somebody would make a site that would allow there games to work with phpnuke and not have to worry about copywrites. You could even sell your games to portal sites. I dont know. I just want everybody to be happy.


    Let me know if I am wrong, please I just want to have a better understanding. Before I place any more games on my website that will track highscores and keep my user entertained.
    Last edited by zerobandwidth; 02-04-2005 at 05:07 PM.

  2. #2
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    How many people have paid for their copywrites? And not just a like a copywrite template homepage like I have seen from other posts. I do a lot of legal work with all types of copywrites, and the only reason why I am posting here is because a lot of the copywrite information posts that are going on in here are making me laugh. I found this site by google during a search for copywrites on video games. I am doing some research for a up coming case. I am going to have my work buddies look at this site and read about how people think their flash games are copywrited.

    Please all I ask is make sure your work is copywrited because if you dont have the paper work to show that it is done and you have a site shutdown, then you can be sued for lost of production on a false claim. Have your ducks in a row.


    Thanks
    Last edited by zerobandwidth; 02-04-2005 at 06:04 PM.

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    lol Took my post all wrong. ...hmmm maybe the way I typed it out. What I am saying is that people place the (C) on there products and thing that it is copywrited. I have seen plenty of cases where sites have been shutdown for (C) and they get countered sued because they never had the copywrite done and they stopped production on a commerical website. Thats all I am saying. Watch how to act on shuting download websites. You think I am BS's please google it. You can find plenty of cases.

    I am trying to help the people on this site. I like what you guys/ladies do. Keep my office from being boring. Smile dude. Life is short.

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    Gross Pecululatarian Ed Mack's Avatar
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    As far as I know, If you put up a game for others to play (without putting any notice that 'this is free, copy and learn'), the item would be said to be under an implict license that redistribution/publishing is not allowed.

    The only thing for the author to do to help themselves is to ensure that their license is clear, and also it's helpfull to have proof that they own the material.

    Also, you do not 'copyright' an item, as you own the copyrights to whatever you create

    (Now correct me, oh lawyer one )

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    Virtually anything a person creates is automatically considered copyrighted if they choose to mark it as such. Violating the author's intended use of any material marked as copyrighted is a crime.

    Jleonardbc

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    Originally posted by jleonardbc
    Virtually anything a person creates is automatically considered copyrighted if they choose to mark it as such. Violating the author's intended use of any material marked as copyrighted is a crime.

    Jleonardbc
    Whoa, copyright violation is not a 'crime' big guy, its a legal infraction that will almost always result in a lawsuit. Big difference is the fact that you and Martha wont be sharing a cell.

    Secondly, copyright has restrictions and NO just because it isnt marked as 'free' doesnt mean you cant use it. The reverse is true.

    Lastly, you actually need to read the DMCA before people (and moderators) give legal advice. If your arent a lawyer then dont give advice. If you do, and its wrong, YOU can be held liable as well.

    http://www.flashkit.com/board/showth...hreadid=612192

    -Jason

  8. #8
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    All these new users like trackpad and zerobandwidth come here from these boards with illegal games and just spread misinformation.

    As soon as you create something and post it on the web you own the copyright. You DO NOT EVEN NEED TO PUT THAT %$#$ (C) anywhere.

    Saying that people can come to your site and take anything just because you did not put a copyright notice somewhere is just as stupid as saying anybody could come to your house and take your car or a TV because you didn't put a notice on it.

    The reason to register a copyright with the government is simple:
    If you ever end up in court, it's easy to prove you are the copyright owner. But even if you do not, that doesn't mean you are lost. If you know how to argue and present your case, it's still may be very easy to prove you are the original creator of the works in question. It will just be more work, and you'll have to have proof , such as source files. It's easier to register.

    Copyright violation most certainly is a crime and is punishable by up to 5 years in prison and $250 000. That law has existed for a long time, even before the internet. Judges do not put people in jail just because they stole a movie or a song or a game, but when you have a lot of illegaly obtained works and are distributing them ( which is exactly what these boards do ) you can, and many people have gone to prison. It's just a question of whether somebody will sue you and be pi$$ed enough to not rest untli you get the worst possible punishment allowed by law. Spammers didn't think they would ever go to prison. Now there are a few rotting in there. Music companies are suing kids over songs and going directly after the end abuser. just a couple of years ago people were joking: "What are they going to do" come after individuals?" Well, they have. So, it's just a matter of time.

    Bottom line: As soon as somebody, without permission, takes ANYTHING from your site that you have created, they have committed a crime.

    REMEMBER: It's about the money. If somebody has enough money to lose due to your theft, they will go after you. And in some cases you may find yourself praying they take you to court instead of sending somebody directly to your doorstep to show you the error of your ways. Even the mob has gone digital, and you don't know who you're stealing from, so it's not that far fetched.

    If you want to run boards with games, learn to make games, otherwise join the fast food industry and leave alone things you know nothing about.

  9. #9
    Amiga freak Ironclaw's Avatar
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    Is it ok to put a copyright on a game you've coded even if you havn't made the gfx or music? (like my Kung Fu - Remix)

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    Originally posted by ClydeTheGlyde
    All these new users like trackpad and zerobandwidth come here from these boards with illegal games and just spread misinformation.

    As soon as you create something and post it on the web you own the copyright. You DO NOT EVEN NEED TO PUT THAT %$#$ (C) anywhere.

    Saying that people can come to your site and take anything just because you did not put a copyright notice somewhere is just as stupid as saying anybody could come to your house and take your car or a TV because you didn't put a notice on it.

    The reason to register a copyright with the government is simple:
    If you ever end up in court, it's easy to prove you are the copyright owner. But even if you do not, that doesn't mean you are lost. If you know how to argue and present your case, it's still may be very easy to prove you are the original creator of the works in question. It will just be more work, and you'll have to have proof , such as source files. It's easier to register.

    Copyright violation most certainly is a crime and is punishable by up to 5 years in prison and $250 000. That law has existed for a long time, even before the internet. Judges do not put people in jail just because they stole a movie or a song or a game, but when you have a lot of illegaly obtained works and are distributing them ( which is exactly what these boards do ) you can, and many people have gone to prison. It's just a question of whether somebody will sue you and be pi$$ed enough to not rest untli you get the worst possible punishment allowed by law. Spammers didn't think they would ever go to prison. Now there are a few rotting in there. Music companies are suing kids over songs and going directly after the end abuser. just a couple of years ago people were joking: "What are they going to do" come after individuals?" Well, they have. So, it's just a matter of time.

    Bottom line: As soon as somebody, without permission, takes ANYTHING from your site that you have created, they have committed a crime.

    REMEMBER: It's about the money. If somebody has enough money to lose due to your theft, they will go after you. And in some cases you may find yourself praying they take you to court instead of sending somebody directly to your doorstep to show you the error of your ways. Even the mob has gone digital, and you don't know who you're stealing from, so it's not that far fetched.

    If you want to run boards with games, learn to make games, otherwise join the fast food industry and leave alone things you know nothing about.
    so where did you get that law degree? Burger Barn? Why dont you READ or even consult a REAL lawyer before you give advice?

    If it such a crime then why dont you see people in jail for it? Fact is that its not and the most you will ever see is a lawsuit.

    Speaking of the digital mob....

  11. #11
    Gross Pecululatarian Ed Mack's Avatar
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    Ironclaw: Unless the images ect have fallen into the public domain, then your game is infringing on copyright law. Although, some companies are sympathetic towards hobyists in your position.

  12. #12
    Hype over content... Squize's Avatar
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    Hmmm actually had a look at that link ( http://www.arl.org/info/frn/copy/band.html ).

    I'm no lawyer, don't pretend to be for a second. Perhaps people with the knowledge could help clarify a couple of things for me:

    "A person may reverse engineer the lawfully acquired program only where the elements necessary to achieve interoperability are not readily available and reverse engineering is otherwise permitted under the copyright law"

    So by default, if a game doesn't clearly state that it can not be reverse engineered then it's fair game to be modded ?
    I'm sure all the current crop of decompilers have something in their terms of usage that you can only use them to recover data from your own files, or files that you have got permission to.
    I can't see anyone being old school and modding a game with a hex editor.

    "The DMCA prohibits gaining unauthorized access to a work by circumventing a technological protection measure put in place by the copyright owner where such protection measure otherwise effectively controls access to a copyrighted work."

    I read this as meaning that if a game has protection on it ( Such as a check that it can only run on one url ) and that is removed during the modding process, then the person who has done that has infringed copyright.

    I'd be really grateful if someone could say right or wrong to the above.
    That way at least, people who don't want their hard work spreading / modding can put a fairly cast-iron licence on their games, those who don't care either way can leave it.

    Squize.

  13. #13
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    Originally posted by Ironclaw
    Is it ok to put a copyright on a game you've coded even if you havn't made the gfx or music? (like my Kung Fu - Remix)
    Actually, no or atleast probably not. Again, consult a real lawyer.

    Second, and most importantly in your case, does Nintendo mind that you are violating their copyright of their work?

    See, this CP crapola can come full circle.

  14. #14
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    trackpad you seem to be very angry for no reaon at all, noone is accusing you or your site of stealing games, what was being suggested in webgeeks thread (before it was closed )is that you may have games that are indeed being illegally hosted on your site without you really knowing it, so all that has been done is to allow people to browse your site among others (who have been very cooperative by the way) and then to inform you that you are illegally hosting their games and could you please remove them, obviously you are a twat and cant understand this very well intended process so i suggest you get of your law spewing high horse and realise that if someone did find illegal games on your site, contacted your isp and they closed you down then by them commiting this act they are admitting their is an illegal act being commited on your site and legally you dont have a ****ing leg to stand on if you want to pursue any of the people here involved.

    end of.

    ps. i would like to take the opportunity to thank all the people who run arcade sites and who are cooperating with the game makers here to sort out this long standing problem.
    If our body is a clock ticking away and if while we experience all that this world has to offer time has still continued to pass, are we living or just experiencing a slow death?

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    <quote>Second, and most importantly in your case, does Nintendo mind that you are violating their copyright of their work?</quote>

    Of course not! Anything is fair game, right?...

    You're right, no one has gone to jail for stealing intellectual property. There has been absolutely nothing about music copying/MP3 distribution prosecution in the news in the past several years.

  16. #16
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    Originally posted by Kakihara
    trackpad you seem to be very angry for no reaon at all, noone is accusing you or your site of stealing games, what was being suggested in webgeeks thread (before it was closed )is that you may have games that are indeed being illegally hosted on your site without you really knowing it, so all that has been done is to allow people to browse your site among others (who have been very cooperative by the way) and then to inform you that you are illegally hosting their games and could you please remove them, obviously you are a twat and cant understand this very well intended process so i suggest you get of your law spewing high horse and realise that if someone did find illegal games on your site, contacted your isp and they closed you down then by them commiting this act they are admitting their is an illegal act being commited on your site and legally you dont have a ****ing leg to stand on if you want to pursue any of the people here involved.

    end of.

    ps. i would like to take the opportunity to thank all the people who run arcade sites and who are cooperating with the game makers here to sort out this long standing problem.
    First of all let me suggest a spell checker...

    Second, I am more than happy to help out authors and remove games. I have done that for three folks so far and will continue to do so.

    WHAT I CANNOT STAND, are morons emailing me about the thread on this site and telling me that I am going to jail if I dont comply. In the US there is no penal code for copyright violation, it is a civil matter within the courts... duh..

    You ALSO need to understand about laws of libel and slander, of which I will most happily pursue if my website is continually posted here and discussed in negative terms. Which it was...

  17. #17
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    Originally posted by jleonardbc
    <quote>Second, and most importantly in your case, does Nintendo mind that you are violating their copyright of their work?</quote>

    Of course not! Anything is fair game, right?...

    You're right, no one has gone to jail for stealing intellectual property. There has been absolutely nothing about music copying/MP3 distribution prosecution in the news in the past several years.
    duh... and no one has went to jail. Just got sued... It is a civil, not penal matter.

    You actually have to read..... the news.

    -Jason

  18. #18
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    Why would I read the news? If I'd read it from CNN in 2000, I would have seen that:

    Convicted copyright offenders can receive jail time under new sentencing guidelines that take effect May 1. The policies cover intellectual property offenses on an emergency interim basis, and stem from the 1997 No Electronic Theft Act.

  19. #19
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    Originally posted by jleonardbc
    Why would I read the news? If I'd read it from CNN in 2000, I would have seen that:

    Convicted copyright offenders can receive jail time under new sentencing guidelines that take effect May 1. The policies cover intellectual property offenses on an emergency interim basis, and stem from the 1997 No Electronic Theft Act.
    Which was replaced by the DMCA.... Need to consult a real lawyer, not just google big guy...

  20. #20
    Hype over content... Squize's Avatar
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    Can we stay away from the name calling ? This will soon decend into a pointless flaming war and the divides will still stand, which is something no one really wants.

    btw, can anyone answer my questions above ? I really am interested to know.

    Squize.

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