Turtle opened this issue on Apr 19, 2003 ยท 141 posts
tasquah posted Mon, 21 April 2003 at 9:30 PM
After contacting my attorneys (I take no one's word over the actual laws) I have to tell you that it is not copyright BS. Sorry gals/guys but you can not claim "fair/public" use unless you are reviewing or using for educational needs. Just because you give something away for free doesn't prevent you from being liable for the money you are potentially costing the original artist and loss of income/reputation in some cases. The common concept of having "found" a tube on the net does not relinquish your liability one iota. Nor does stating that you will remove copyrighted material upon contact by creator. The law believes that you must "assume" copyright of all images not created or purchased by yourself. Nor does applying a "disclaimer" the sort of which I see on some of these messages remove your liability. There is no review included with any of your distributions and distribution is not part of the fair use act. Only reviewing and using in a classroom styled environment. Claiming that you are distributing for educational purposes only works if educational material is also transmitted and instructions regarding the end users inability to distribute or use in any public manner is fully stated. That means that you may not use items that you want to claim as "fair use" for linkware, stationary or anything else of that manner. The attorney explained to me that none of this falls under "fair use" at all and no court will consider it so. He further suggested that any group of artists affected should pool their resources and sue this and other groups like it thatt hey find distributing their items in a class action An example, let's say you tube an artists work and they offer that piece as a limited edition for sale item - print web design whatever. When you distribute the tube you ultimately make them look like liars and destroy the limited availability of their product and therefore take their sales away from them. As for posting publically - well if there is a copyright infringment matter my attorney tells me it should be posted where all members who may have downloaded the item can see that it is potentially libelous. By removing the member's account you have taken the full reponsibility of any actions against any members upon yourself as you are preventing her from her rights of notification. What does this mean for all of you, well it means that a member here when contacted by a lawyer will say they got the tube from this group. If the copyright holder tried to notify the group and was "silenced" through "unfair" (and my lawyer tells me the action is legally considered unfair) means then ultimately the liability (up to thousands of dollars) falls upon the group owner/moderators and the one who distributed to the group. The original offender (the one who used the tube) may not be found liable at all. In fact the group owner may be found fully responsible for misreprentation of the law and encouragement of unlawful activities and sued for loss of sales and punitive damages. Constantly crying that it isn't so, or fair use will not protect anyone from the law (ignorance is no excuse) or make the reality of it go away. You do yourself and the members of this group a hige disservice when you encourage them to infringe copyrights. Some day you will take the copyrighted image of an artist with the money and the passion to do something about it - sadly most of the tubes inquestin come from those who are trying to make a living doingwhat they love and they can lose much needed income because someone tubed their work and now it's availability is out of their control - frankly that is almost cruel considering the time and energy they spend on their work not to mention that many need the income. So while I say tube to your hearts content - best to make sure you know who's image that is and if you have permission. All my tubes that I distribute are 100% original so there will never be a copyright issue with them. Why not learn/develop a talent of your own other than snipping images? Take photos and snip from them, learn a 3-d program or create your images from brushes? It's not that difficult and you will certainly have a greater sense of accomplishment than getting huffy and acting like a petulant child who was told that matches can burna nd they can't play with them. Now if you want to remove me from your group so be it - but I had hoped to find tubers who were honest and respected the rights/works of others and didn't atttempt to sway people to believe that theft is ok. I was looking for those who take pride in themselves by distributing original work belonging to themselves in the manner that Jasc intended. If this group isn't one of those then it is definitely no loss at all to be removed from your midst. PjPix