Hi, I just received two e-mail notices, the first asking that my Odyssey the 2nd texture be removed from Free Stuff as it is in violation of DAZ copyright for containing "large portions of the Vicky 1 map", and then another from Jenifer Handley saying the texture has already been pulled saying "these matters are taken very seriously". I agree that such matters are serious, but I'd like the chance to defend myself before futher actions are taken. I really don't understand why DAZ is claiming that my texture contains large portions of the Vicky 1 map when I have never purchased or even seen the map they mention. Both of my Odyssey textures (and Vickybuster) were edited versions of original textures by (to the best of my knowledge) Staale Loseth. I only own one commercial Vicky texture (by ByteMeOK), and have never knowingly used any elements of any commercial texture in my creations. I would appreciate any feedback or advice before this situation takes a turn for the worse. My intentions were good as always, and I feel that I took sufficient care as to not violate any copyright laws when making these textures freely available. Thanks, take care. SnowS Hoping his pictures are worth 1001 words.

the only thing i can think of was that maybe the one that was edited by Staale Loseth had been based on the Vicky map. i dont know what they look like, so this is just a suggestion

That is odd :/ Please let us know if you find out more about it, I'm interested to hearing what is going on here (also because some of my free textures have parts of Odyssey/Odyssey2 like you know :/ )

Hmm..never noticed that and I have them (all). I can't even look at them now because I am at work, but I will take a look when I get home, if someone doesn't get to it first. Hope you can get this cleared up SnowSultan, you Odyssey textures are wonderful

SnowSultan, I hope that you have contacted DAZ (if they were the ones who made the complaint) directly. If it were me, I would call them rather than email them. Put a human voice on your concern and confusion. If they made the complaint they should have "proof" of their concerns that they can show you. Seeing the images and talking through them with DAZ might clarify things. TomD

Attached Link: http://www.renderosity.com/index.ez?viewLink=328

Yes, I did remove Odyssey due to our copyright policies, which were developed from the US copyright laws. From the time we receive an official copyright complaint, we have 24 hrs to remove the product. You also have the right to file a counter claim within 10 days. I attached the link to our copyright policy for your convenience. Please feel free to let me know if you have additional questions.

Attached Link: http://www.daz3d.com

Please see a unique post titled 'DAZ's Texture Map Copyright Laws' for DAZ's official stand on this issue. Thanks, AnneMarie White DAZ Productions www.daz3d.com

Who is Staale Loseth? Haven't seen his posts...

Attached Link: http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic001

hmmmm JenyK you do know that legally no one is required to register a trademark right? and that in some countries there isn't even a means to do so? Look into MicroSoft vs Digital Divas for a starting point on that. The Owl and the computer mouse are MY trademarks. They are not registered, but according to copyright law they are most assuredly mine as I have been using it for several years. I can prove that use with teh origianl psd files, as well as backups of my websites dating back for years. And of course digimarking. Also registering a trademark doesn't give you precedence over an unregistered trademark that has been in use longer.Therefore if I contacted 'rosity regarding a trademark (or service mark) violation adn nothing was done and I filed a lawsuit on behalf of my trademark, I have to wonder if 'rosity could be held partially liable??

LadySilverMage, I can double check, but I think you are mixing copyrights and trademarks. Copyrights do not necessarily need to be registered, trademarks do.

Nope you are the one who is mistaken, go ahead and double check. The link goes directly to the FAQ regarding registration of trademarks at the US Patent and TradeMark website. Digital Divas case against Micro$oft was on the basis of Trademark infringement NOT copyright. I didn't mix the two up, but many people do. Here is the direct quote from the link I attached above: " Do I need to register my trademark? No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. " I'm not saying don't register, I'm saying that it is not a legal requirement and that cases have been won without it. (granted Micro$oft settled out of court, but it's microsoft and they certainly wouldn't have if they felt they'd win) As such since it is not a legal requirement and since the courts will recognize my trademark (upon proof of course) to state that a trademark must be registered in the rules here is just wrong. Furthermore no US trademark is recognized outside the US (and vice versa). It is also possible to register a trademark that is effectively owned by someone else. If someone has previously used the mark for an extended period (without registration), prior to your registration. Then they own the mark, despite what you paid for it. They can contest it and if the proof is there, they win.