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kiki443

Copyright

76 posts in this topic

It is not possible to violate their usage from copyright-authorship manner.

 

 

It absolutely is possible.  I'm not sure why you keep saying that, as global treaties have made copyright and trademark laws uniform across nearly all the globe.

 

If you made a slightly modified version of their logo then your logo is derived from theirs and similar to theirs. Distributing the derivative logo would violate copyright laws.  Using the derivative logo in a product would violate trademark laws. You must either have permission to use it or face the possibility of lawsuit.

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It absolutely is possible. I'm not sure why you keep saying that, as global treaties have made copyright and trademark laws uniform across nearly all the globe.

 

Maybe this confusion I and you have, stems from fact, that yes, all those symbols and graphics are well defined, protected, and identifiable, while being even more protected from derivatives than other commercial TMs.

 

But that is not due to someone's authoring right over them, and violation of the usage does not fall under copyright infriguing being investiagted and punished.

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But that is not due to someone's authoring right over them, and violation of the usage does not fall under copyright infriguing being investiagted and punished.

 

I'm curious where you are getting your information from.  It certainly is not from things like the modern WIPO Copyright Treaty, the TRIPS treaty, or even the Berne Copyright Convention that has been in place since the 1880s. 

 

Authors' Rights are precisely how the protections are granted.  The author (or creator) of a work is automatically granted a list of primary rights over the thing they have created.  One of those rights is the right to create and distribute derivative works.

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The author (or creator) of a work is automatically granted a list of primary rights over the thing they have created.

Possible creators of those (assets of facting products) have been employed by the public body- and since that- the creations belong to the public body.

 

And those creations are controled by appointed authority (by public) to control them ever since (with restrictions still, crossing too far by manager appointed still).

 

I am just trying to have appointed the diference and reasoning behind their usage or display, not based upon the authorship- that may have resulted in a serious crime if proven intentional.

 

Please frob , save me, I am no more responding.

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But that is not due to someone's authoring right over them, and violation of the usage does not fall under copyright infriguing being investiagted and punished.


I agree that copyright is not necessarily the form of IP involved (insofar as FBI and CIA are concerned).
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BUT.... If you name your character Jack Ryan, or Jason Bourne, or Homer Simpson, those names now ARE someone in particular, so you're likely to get in trouble with them if you use them

 

ok I didn't intended to do that.

I know that if I use already created characters from another stories I will be sued for copyright or trademark.

 

If you open up a book of names, or an (archaic) phone book and use that to pick a first name and last name that sound good together, that's fine. But if you pick an existing famous name you are asking for a lawsuit.

 

I have intended to use that method to pick random name and random surname from somewhere and than combine them together, but of course I wont pick famous name.

 

No. Company names are trademarks and their names are owned by the companies. You need permission from the company or you are asking for a lawsuit.

 

just as I thought, company names, logos, etc. are part of the trademark rights and therefore I need permission.

 

YES. If you did not imagine it into existence you need permission to use it. The concept really shouldn't be that difficult to grasp. You need permission to use EVERYTHING that you did not create yourself. For movies that includes permissions for the furniture, wall hangings, even the distinctive clothing. If you pay attention to TV and movie characters an extremely high number of them wear generic clothing with no logos, no distinctive stitching patterns on pants pockets, no logos on shirts, and typically plain color clothing. They generally need permission for the buildings they incorporate, creators of any distinctive landscapes. They've got standing licenses to record and publish the pictures of vehicles. EVERYTHING NEEDS PERMISSION. In games this means making items that are unique to the game. Games either license real-world vehicles or make their own designs for general boxes-on-wheels. Games either license real-world weapons or make their own designs for handheld tube-shaped bullet-throwers. Games either license real-world uniforms and armor or make their own designs for character costumes. License it or make up something new and distinctive. This is true for all things. It shouldn't be a difficult concept to grasp, and is normally taught starting with toddlers and earliest childhood: If it is not yours you need permission to use it.

 

so that means that I have to obtain permission even for recording my movie in particular city?

 

Get approval before using their names, logos, buildings, or any other distinctive elements, or be prepared for a lawsuit.

 

ok I dont know if I will use their buildings or logos.

what I meant is that I want to use the word FBI or CIA 

becouse there will be some CIA agents.
  so do I need permission for using the word CIA?
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1. so that means that I have to obtain permission even for recording my movie in particular city?
2. so do I need permission for using the word CIA?


1. Yes. It's called a filming permit.
2. I don't know. How are you planning to use it? How are you portraying the CIA? In your story, is the CIA "the good guys" or are they "agents of Satan"? What's your movie's budget? Not much, I guess, since you can't afford to consult a lawyer for one hour...
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so do I need permission for using the word CIA?

If you want to use genuine executive symbols/references of U.S public institutions ...yes :)

 

Have your entire set-up involving it very ready and defined/described.

 

Get redy to pay 3 month sallary of a single person at least to do so, +, add up some other compensation since it will have to occupy even some higher competent person time.

 

40 000 dolars is not too much- movies/games are all welcome.

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This question is for Tom Sloper.

 

when I asked my first question you give me a link to http://www.sloperama.com/advice/faq61.htm

 

I read this "I'm not a lawyer, but I've been in the game industry a long time" so you can answer me to the following question.

 

I am not asking for a legal advice just for short explanation.

 

Sorry that I didn't ask this earlier.

 

recently I read a few EULA documents from some games and other programs and movies.

under copyright information I found something like this: c copyright limited 2004-2008. or copyright limited 2006. or something like that.

 

I am asking you this since you have been in a game industry so you should be familliar with this "limited copyright"

 

can you help me understend this better because as far as I understand it the copyright has expired in 2006 or so.

therefore I can maybe use something without perrmission (or not).

 

however I just asking A short explanation what is this mean when its say LIMITED COPYRIGHT.

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Kiki, I don't know the answer to your question. It's not something that has come up in my experience.
Did you try Google? Have you bought a book on copyright?
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under copyright information I found something like this: c copyright limited 2004-2008. or copyright limited 2006. or something like that.   I am asking you this since you have been in a game industry so you should be familliar with this "limited copyright"   can you help me understend this better because as far as I understand it the copyright has expired in 2006 or so. therefore I can maybe use something without perrmission (or not).   however I just asking A short explanation what is this mean when its say LIMITED COPYRIGHT.
 

Can you provide a link to something that says this "limited copyright"?

I'm not sure you read what you think you read.

 

The typical form is:  Copyright {years of authorship} {creator}   The years indicate the years of authorship, not the expiration of copyright.  The creator is the name of the person or company who created it.

 

So you might have seen something like: Copyright 2004-2008 Foobar Limited

 

 

 

Alternatively, you might have seen a limited copyright license.  That is, it is a limited license granted to someone to use copyrighted material.  A limited copyright license might be an agreement between a photographer and a magazine, limited to up to 500,000 prints of the photograph at 1/4 page size in a specific magazine in a specific time window.

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Can you provide a link to something that says this "limited copyright"? I'm not sure you read what you think you read.

 

there is some examples:

 

Rome total war EULA:

 

Total War Software © 2002 - 2004 The Creative Assembly Limited. Total War, Rome:Total War and the Total War logo are trademarks or registered trademarks of The Creative Assembly Limited in the United Kingdom and/or other countries. Published by Activision Publishing, Inc. Activision is a registered trademark of Activision, Inc. All rights reserved. Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2002 Microsoft Corporation. All Rights Reserved This product contains software technology licensed from GameSpy Industries, Inc.  (c) 1999-2003 GameSpy Industries, Inc.  GameSpy and the "Powered by GameSpy" design are trademarks of GameSpy Industries, Inc.  All rights reserved

 

SWAT 4 EULA:

Copyright (c)2004 Sierra Entertainment, Inc.  

(c)1998-2004 Sierra Entertainment, Inc. 
Sierra and the Sierra logo are registered trademarks or trademarks of Sierra 
Entertainment in the U.S. and/or other countries.
 
W40k DOW soulstorm EULA:
Warhammer 40,000: Dawn of War – Soulstorm -- Copyright © Games Workshop Limited 2008.  Dawn of War, the Dawn of War logo, Dawn of War – Soulstorm and the Dawn of War – Soulstorm logo, GW, Games Workshop, Space Marine, 40K, Warhammer, Warhammer 40,000 Device, and all associated marks, logos, places, names, creatures, races and race insignia/devices/logos/symbols, vehicles, locations, weapons, units and unit insignia, characters, products, illustrations and images from the Dawn of War game and the Warhammer 40,000 universe are either ®, TM and/or © Games Workshop Ltd 2000-2008, variably registered in the UK and other countries around the world, and used under license. All Rights Reserved. Source Code for the Dawn of War game © 2004 THQ Inc. All Rights Reserved.  The FreeType Project is copyright © 1996-2000 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved.  This product contains software technology licensed from GameSpy Industries, Inc. © 1999-2007 GameSpy Industries, Inc.  All rights reserved.  THQ, Relic Entertainment, and their respective logos are trademarks and/or registered trademarks of THQ Inc.  Iron Lore Entertainment and the Iron Lore logo are either registered trademarks or trademarks of Iron Lore Entertainment, Ltd. in the United States and/or other countries, used under license.  All other trademarks, logos and copyrights are property of their respective owners.
 
 

Copyright {years of authorship} {creator}
 
yes in most of licences I read it says something like this.
Most of them  say in that form (Copyright {years of authorship} {creator})
 
I am not sure what this years mean I thought that it means expiration of copyright but when I read on wikipedia I saw that the copyright protects the product as long as author lives and about 70 years after.
 
I don't know if this applyes to games or not but basicly this applyes to books and movies.
 
thanks
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Kiki, the example you showed us does not say "limited copyright." I searched for the term "limited" on this page, and the only places I saw
it was as part of company names. For example, "Creative Assembly Limited." It's a corporate form, not anything about copyright. You can
Google "what does ltd. mean in business" to learn more about it. Google really can be your friend.

As for the date on a copyright, that is the date that the copyright was first claimed. Edited by Tom Sloper
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I am not sure what this years mean I thought that it means expiration of copyright but when I read on wikipedia I saw that the copyright protects the product as long as author lives and about 70 years after.

 

It depends on the country's laws and who created it.  For businesses it is generally based on the year the content was created or published. For people depending on country it can be by date or by years past the author's death.

 

 

 

 

but why it says "limited" than?

 

 

Limited is part of the legal name of the company.

 

Total War Software © 2002 - 2004 The Creative Assembly Limited.

 

This means the company "The Creative Assembly Limited" claims to have worked on those parts from 2002 to 2004 as far as copyright law is concerned. For laws are based on the starting date then 2002 should apply, for laws based on latest publication then 2004 should apply.

 

 

Warhammer 40,000: Dawn of War – Soulstorm -- Copyright © Games Workshop Limited 2008.

 

Similarly, a statement that a company "Games Workshop Limited" is claiming the year of 2008 for copyright purposes.

 

Copyright ©2004 Sierra Entertainment, Inc.  

 

As above, a company "Sierra Entertainment, Inc." is claiming the year 2004 for copyright purposes.

 

 

 

I don't know if this applyes to games or not but basicly this applyes to books and movies.

 

 

As for not knowing what it means, copyright protects rights for anything in a fixed medium like artwork, books, videos, audio recordings, computer software, and so on.  That includes video game software.

 

Copyright protect's the property owner's rights to:

* make copies of the work

* distribute copies of the work

* create derivative works, such as sequels set in the same thematic world

* perform the work publicly

 

They also protect the authors rights to:

* Claim ownership of the work  (getting credit)

* Prevent attribution to works not created (someone stating you made something that you didn't)

* Preserve the integrity of their name and the work

* etc.

 

The first set of rights are protected for a limited number of years. That's why the year in the copyright statement is important. The second set of rights can be protected indefinitely, usually the life of the author or their estate.

 

So the line: Copyright ©2004 Sierra Entertainment, Inc. means that the company "Sierra Entertainment, Inc." is claiming ownership rights as of 2004. In nations where the copyright term is 70 years, they claim those rights until 2074. If the company is sold or broken up those rights can be transferred or sold, but they are still claimed.

 

It is a warning.  Do not make unauthorized copies, do not distribute unauthorized copies, do not create unauthorized derivative works, and do not publicly perform the work without authorization. That warning is in effect for the duration, in countries with a 70 year limit don't do it until 2074 except under risk of lawsuit.

 

Derivative works are something that comes up quite often.  Some elements are not covered, such as standard locations or standard scenes, or game mechanics in general.  Other elements are covered, such as distinctive places or distinctive unique thematic elements.  Creating a work with wizards and witches flying on broomsticks is not an issue.  Creating a work that includes a game based on the Harry Potter's Quidditch game and rules is probably a derivative work. I write "probably" because ultimately it is up to the courts to determine if a work is derivative or not.  

 

Fan fiction and fan games are typically considered a derivative work when the issue is challenged. Even if you don't use content that is covered under trademark, it can still be a derivative work if you use enough material that someone thinks they're in the same fiction world.

 

That gets back too the root replies:  Make up your own stuff, use your own worlds, build your own ideas.  If you want to use someone else's stuff you need to get their permission.

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so limited is a part of the company name and it doesn't mean anything about copyright.

 

thanks

 

That gets back too the root replies:  Make up your own stuff, use your own worlds, build your own ideas.  If you want to use someone else's stuff you need to get their permission.

 

 

I know that, I will make my own movie when I get all those permissions from other companies.

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however I just asking A short explanation what is this mean when its say LIMITED COPYRIGHT.

 

To answer you question the copyright did not expire in 2006. The copyright started in 2006. Copyright last for about 70 years.  When there is a copyright notice that is a range e.g. 2004-2008. It means there are multiple publications contained on that site, with the oldest being published in 2004 and the newest being in 2008.

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I want to ask you one more question related to trademark.ž

 

I know that I need permission for using sometning that is already someones property that include trademark terms like names, logos, etc.

 

But what if let's say company changed it's name or logo about five years ago, does it still own trademark rights on their old name or logo?

 

if yes than for how long, is there any fixed perriod of time for trademark? like 70 years for copyright?

 

or does the company decides when they will give up their trademark right on old name or logo?

 

bassicly: How long trademark protect something?

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In earlier topic I created about using military designs for movie production - I asked about using war planes, vehicles etc.

 

And for that I need permission from manufacturer.

 

But I want to create a war plane that is by design exactly the same like f-22 but I won't put anything like logos, names or anything on it that can be against trademark laws.

so I will make a plane that have no manufacturers logos, names, etc. on it.

 

Is that OK to do without permission or I still need it?

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war plane that is by design exactly the same like f-22 but I won't put anything like logos, names or anything on it that can be against trademark laws. so I will make a plane that have no manufacturers logos, names, etc. on it.   Is that OK to do without permission or I still need it?

 

You need permission.

 

For nearly anything created in the 1900s and 2000s you need permission.  If nobody has used it for the past century it is generally fair game.  If anybody has done anything with it over the past century you should get permission. 

 

 

 

As you keep asking about aircraft, an aircraft from the first world war or earlier is old enough that you probably wouldn't have legal problems with the aircraft itself, although any logos or identifying marks may still be protected if they are in modern use.  For example, a Fokker M.5 from WW1 is sufficiently out of date that it is public domain, but the Fokker logo or any military marks are still in active use and are still protected.

 

ANYTHING created or used since the mid 1920s, is likely still protected and requires permission.

 

Create something original or get permission. (Getting money typically requires truckloads of money, which is why we keep saying to pick a different direction and create something original.)

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I will have to create a plane and it's design but I want that plane looks real which means that I can't simply create an imaginated flying object but I have to make at least similar aircraft to the real f-22 or so.

 

so I need permission anyway no matter how it will look like and what symbols are on it even if there is nothing on it I need permission just because it looks like real f-22 aircraft

Am I right about that fact?

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