View Full Version : Copyrights
Lenny
04-24-2006, 11:27 AM
If you start posting a comic you've made, but haven't published, up on your personal website, is there anything protecting it? Or, what about if you post something as simple as a series synopsis on this site? Could someone take it and use the exact idea?
Electrik_Mayhem
04-24-2006, 12:39 PM
Posting something on a website IS publishing it and it is automatically protected by copyright law. The same goes for a series synopsis unless the synopsis is very general and lacks specific details (copyright doesn't protect ideas but how an idea has been expressed). Here's a link to the U.S. Copyright Office's website. (http://www.copyright.gov/)
Aratos
04-24-2006, 12:43 PM
doesn't matter if y'publish it or not. As soon as it's on paper, it's protected by international copyright laws. You get extra protection by registering it, but that's unneccessary. You cannot, however, copyright an idea. When in doubt, stick a copy in a sealed envelope and post it to yourself, then stick it in a bankvault.
Lenny
04-24-2006, 12:52 PM
Ah, that's pretty nice. Thanks for the info.
Now I just have to make something...
Ali Wilgus
04-24-2006, 01:15 PM
doesn't matter if y'publish it or not. As soon as it's on paper, it's protected by international copyright laws. You get extra protection by registering it, but that's unneccessary. You cannot, however, copyright an idea. When in doubt, stick a copy in a sealed envelope and post it to yourself, then stick it in a bankvault.
You're right about the first bit, but the second is a (very common) myth. There are lots of pages online about copyright myths, but this particular one is addressed here (http://users.goldengate.net/~kbrady/copyright.html). (myth #15)
KirbyHead
04-24-2006, 01:26 PM
You're right about the first bit, but the second is a (very common) myth. There are lots of pages online about copyright myths, but this particular one is addressed here (http://users.goldengate.net/~kbrady/copyright.html). (myth #15)
Well, while it does establish the fact that you may have come up with an idea at an earlier date, the "Poor Man's Copyright" is incredibly easy to forge, and thus uneffective in court. :)
There's also http://creativecommons.org/ to notify those that come to your website that everything on it is copyrighted (suprisingly, there are a lot of people who don't know that putting something on the internet is equal to publishing it).
kyothekitty
04-24-2006, 01:28 PM
i did not know any of this stuff thanx
rivkah
04-24-2006, 01:52 PM
Everything you need to know about copyright can be found at the United States Copyright Office (http://www.copyright.gov/). :)
And for the most asked question of all time:
When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
However, whether or not a work is plageurized from your idea or not is up to a court of law. If you create a story about werewolf zombies and another person creates a story about werewolf zombies, that is not an infringement of your copyright. They'd have to include other copied elements such as tracings of artwork, characters, backgrounds, names, and specific plot elements that could actually be proven to have been taken from your own works. A basic plot summary isn't going to be copyrighted because it's entirely too vague.
SweetNymph
04-24-2006, 02:00 PM
So does myth 6 mean that anything written before the 1920s-ish isn't copyrighted?
I have often wondered how people are able to redo various pieces of literature, and if they had to get around any sort of copyright laws (like Saiyuki and the various twists on Romeo and Juliet).
Ali Wilgus
04-24-2006, 02:26 PM
So does myth 6 mean that anything written before the 1920s-ish isn't copyrighted?
I have often wondered how people are able to redo various pieces of literature, and if they had to get around any sort of copyright laws (like Saiyuki and the various twists on Romeo and Juliet).
I am so completely and totally not a lawyer, but as far as I know that's it exactly. Which is why you have to jump through all kinds of hoops to adapt, say, Lord of the Rings (as it was written in the 1950's and the copyright is controlled by Tolkien's estate) but anyone and their cat can make a movie out of Pride and Prejudice (published in 1813.)
(On a side note, if Disney has their way the length of time that a work can remain protected by copyright will continue to be extended -- it used to be much shorter. Otherwise they'll loose control of Mickey Mouse and other early characters.)
KirbyHead
04-24-2006, 02:49 PM
I am pretty sure (but probably not right on this one) that the limit of a copyright is 70 years or something.
Can't Disney just renew the copyright or something?
Looking back on this, I'm probably REALLY wrong.
EDIT: Apparently, my statement held SOME truth:
How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
And as for cases like Disney::
Do I have to renew my copyright?
No. Works created on or after Jan. 1, 1978, are not subject to renewal registration. As to works published or registered prior to Jan. 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.
So who exactly has the right to renew the copyright on the characters of Disney? :confused:
PeterAhlstrom
04-24-2006, 03:10 PM
Disney characters fit the bill under the 95 years, created for a corporation thing.
SweetNymph
04-24-2006, 04:41 PM
I am so completely and totally not a lawyer, but as far as I know that's it exactly. Which is why you have to jump through all kinds of hoops to adapt, say, Lord of the Rings (as it was written in the 1950's and the copyright is controlled by Tolkien's estate) but anyone and their cat can make a movie out of Pride and Prejudice (published in 1813.)
(On a side note, if Disney has their way the length of time that a work can remain protected by copyright will continue to be extended -- it used to be much shorter. Otherwise they'll loose control of Mickey Mouse and other early characters.)
That's good news for me, as my World Literature class has given me a LOT of ideas. All from stuff written before 1900.
Keep in mind that if you're using translated material as your source, you can't just quote- translations can be copyrighted, even if the original text is available.
SweetNymph
04-24-2006, 06:18 PM
No worries there. I'd only be using the story and characters with my own twists and idiosyncrisies. And a few setting changes to make the literature more accessible and appealing to the average reader.
YamPuff
04-26-2006, 01:35 PM
but anyone and their cat can make a movie out of Pride and Prejudice (published in 1813.)
That's true...my cat has already done this. =^-^=
Very useful thread...I had wondered. Of course, either way, you still have to go to court, get a lawyer, battle it out, etc., so in effect, its easier than ya think to steal ideas, IMO. Who has the presence of mind and the time to go after someone for stealing a small scribbled idea? Some of us sure:cool: , but the measely rest?
TheBohemian
04-26-2006, 01:40 PM
I actually didn't think of any of this until I read this thread, but I was thinking of doing a Cupid & Psyche manga. Since the material (I think) pre-dates Christ, I should be ok, right...?
I guess I mean to ask if the material would be copyright protected by anyone. Sorry if it's a stupid question, but the threat of lawsuits tends to make one paranoid...:o
Pig-kun
04-26-2006, 01:48 PM
I actually didn't think of any of this until I read this thread, but I was thinking of doing a Cupid & Psyche manga. Since the material (I think) pre-dates Christ, I should be ok, right...?
Er. Do you even have to ask? It's a Greek (or, well, Roman, if you're using Cupid) myth. You can't copyright that, to my knowledge. Though I imagine Disney'd be willing to give it a shot.
TheBohemian
04-26-2006, 01:50 PM
That's EXACTLY what I was worried about!:D
Comic_Burn
04-26-2006, 02:51 PM
This is an awesome thread. I often wonder about various copyright technicalities. Thanks - I learned some stuff!
P.S. My cat is more of a sci-fi writer =^.^=
SweetNymph
04-26-2006, 04:25 PM
I actually didn't think of any of this until I read this thread, but I was thinking of doing a Cupid & Psyche manga. Since the material (I think) pre-dates Christ, I should be ok, right...?
I guess I mean to ask if the material would be copyright protected by anyone. Sorry if it's a stupid question, but the threat of lawsuits tends to make one paranoid...:o
*twitch* He's actually Eros in Greece. But better known as Cupid. *grumbles about antiquity*
No one's got a copyright on the Greek myths, so go for it. ^^
TheBohemian
04-26-2006, 04:40 PM
Warning: This WILL make you cringe!!
So yeah, I'm actually going to mix/match the names. Part of it is personal preference, but a LOT of it is name recognition. There's really no way of knowing if every reader will be all studied up on their mythology, but I think from a writer's standpoint it'd be best if I assume they haven't. Thus, I pick whatever name is heard more, whether it be Greek or Roman.
I just keep telling myself: It's not the names, it's the character; think about the story...etc. :p
Doesn't hurt that I refuse to do a period drama, either. That would make it all quite... painful.
SweetNymph
04-26-2006, 05:20 PM
*le cringe*
Well, you DID warn me...
I actually have a few ideas for myth mangas. Only I"D keep the original names, and mess with the characters until they're almost unrecognizable. In other words, make them my own. ^^
YamPuff
04-27-2006, 12:07 AM
Idon't see what's so cringy about this...anything can be pulled off if done well. I mean anything. There's only so much difference between changing names and keeping names but changing characters. I like the Bohemian's idea (huh...never thought I'd say something like that...agreeing with Bohemians...XD)
This was an invaluable thread; I bow to the thread starter *bows*
TheBohemian
04-27-2006, 01:47 AM
We have absinthe, how could you DISagree??
But I understand completely--it makes me cringe to think of it, and I'm the one DOING it. Trying to think of an example or something...
The best I can think of at the moment would be the Incredible Hulk show back in the 70's/80's with Bill Bixby. You pick up a Hulk comic, and the guy's name is Bruce Banner, and all is well with the world. You flip on the tv and his name is now David?!? When did THAT happen? Did the Hulk also happen to have a radioactive cousin or something??
Ok, well he actually did (thus She-Hulk), but I digress... And now have no idea if I got the idea across at all. So I'll shut up before I confuse anyone further. Myself included.
Pedes
04-27-2006, 10:13 AM
Er. Do you even have to ask? It's a Greek (or, well, Roman, if you're using Cupid) myth. You can't copyright that, to my knowledge. Though I imagine Disney'd be willing to give it a shot.
You never know with Romans, maybe they had copyright XD
HolyVampire32
06-24-2006, 01:30 PM
Ok, sorry to resurrect this threat but I have a question and I believe this thread has been really helpful. Good thing I searched before I posted a new thread :P
I looked for this but I didn't find it, and I'd rather not have this question go unanswered. If I were to get a copyright on my work does it have to be in its final form? Or will I have to "update" the work (not renew but update) on file for it to have full protection.
Thanks a lot for everyone's helpful info, this means I can continue with my story with the confidence knowning that its protected ^__________^
-Cheers,
Holy
Aratos
06-24-2006, 01:38 PM
Generally speaking, you get a copyright automatically on every form, but if you're registering it, it's best to just register it in its final form. That tends t'be standard anywho.
HolyVampire32
06-25-2006, 02:52 PM
Hmmm, since anything I make will instantly be copywrited does that mean I can slap the classic (c) symbol, just as percausion?
TunaKid84
07-18-2006, 09:03 AM
In a totally different thread (http://messageboard.tokyopop.com/forums/showthread.php?p=109503#post109503) I asked about copyrights after entering RSoM, but I was wondering about after you get a contract.
When you are published with TP; how much of the copyrights to your story and characters do you own? I’m sure you can’t go behind TP’s back and sell prints of your characters that are featured in your published manga (or can you?). Can you (after it’s completed) make a sequel and release it on the internet? If you have an online comic and get a contract, can you still keep your online comic to some degree?
To sum it up:
How do the copyrights with TP restrict the way you can use your characters?
Hmmm, since anything I make will instantly be copywrited does that mean I can slap the classic (c) symbol, just as percausion?
I do!
:D
Han_Empire
07-19-2006, 11:04 AM
So bascially what you guys are asying is if I bost a story or comic here is alrdy protected by the copright law? What if they delete the web or thread and stole my idea?
telophase
07-19-2006, 11:54 AM
So bascially what you guys are asying is if I bost a story or comic here is alrdy protected by the copright law? What if they delete the web or thread and stole my idea?
You are protected by law the moment you put it in tangible form: if you write it down on a document and save it on your computer, you're protected. (Now, whether you can afford a lawyer to send a cease-and-desist letter is another matter entirely.)
The question is, of course: why would you post your entire story or comic here? If you want feedback or to show it off, either post an excerpt and ask for feedback/comments on that, or post it to your own website, where you control whether it gets deleted or not, and link to that.
If you're really worried about someone swiping your work before it's finished, I recommend posting it to your own webspace and password-protecting it, or using a web service like Livejournal, where you can control who sees your work through a filter system. I post my work-in-progress there under filter for feedback from my beta readers (but not because I'm worried about it being stolen - because I like to keep from spoiling the story from its readers).
And something else: ok, it sucks to have someone swipe your idea But overall: isn't it better to work hard on it and turn it into something distinct? And how unique is your idea, really? If someone swipes your idea ... your story should not be dependant on that one idea, because that's not a full story. How does that idea affect your characters? How does it change the plot? Where does it fit into the full story? What *you* do with that idea and what someone else does with that idea are two different things. The best revenge is to make a better story.
shikaru
07-21-2006, 04:38 PM
but what if yuo don"t live in the united states
telophase
07-21-2006, 04:44 PM
but what if yuo don"t live in the united states
Most countries are signatories to the Berne Convention, which means they agree to respect each other's copyrights.
Also: most countries have their copyright office information on the Web. You'd get better, more accurate, information by searching for that, instead of asking on a web forum.
vBulletin® v3.7.1, Copyright ©2000-2010, Jelsoft Enterprises Ltd.