hello people i,ve just DA,d too coin a phrase. i can only call it that because of the amount of images am seeing hey you ripped that off da,..sorry DA but i didn,t...link at bottom to show where i got it,. please check this link and tell me what to do this is a prime example of whats going on and i don,t know where i stand with this wallpaper i created in the respect of all the modifications which i changed into my creation,but am sorry to the original artist but the site i retreive this was a so called public domain. like i could download it,now i didn,t upload the original and created a new work now with the image with all my modifcations doe,s it become mine now that am the creator of the new look. anyway here,s the link tell me what you think.?only honest good answers will do and please homework before posting please. http://abstract.desktopnexus.com/wallpaper/27531/ http://fantasyartdesign.com/free-wallpapers/wallpaper.php?u_i=97&i_i=357&best...
A provisional copyright is assumed at the time any type of intellectual or artisitic property is created. BUT, to make a legal claim of copyright infringement said provisional copyright must be registered with the federal government, before a case of infringement can be claimed, because only a registered copyright has legal standing. And registering a copyright takes both time and costs and to fully insure your rights you should hire a lawyer who works only in copyright law to handle the matter for you.You are a lay person reading the laws. I am an expert, in copyright law, who argues cases before the US Supreme Court and The World Court, in The Hague. And, so you know, I always represent artists, writers, and musicians whose works have been infringed upon. So, as I assume, you're an artist, I'm on your side, as long as you hold the legal REGISTERED copyright. If you think you have a case of copyright infringement then file the proper report(s) with the proper documentation. ( But saying "This is copyrighted!!" is not proof of anything but provisional copyright and has no legal standing in any court in the US or most of the rest of the civilized world). If that doesn't get your work deleted or credited, than hire an expert, in copyright law, to file suit for you. I should warn you though, it's a very time consuming and expensive thing to do, and if you lose the case you'll pay all legal fees, court costs, and the party you sued may sue you.
I see this person likes to argue.. He is right in some ways and wrong in others.. Very few artists have the money it takes to register every piece of art they create.. This doesn't give others the right to take their work and post it on another site.. All that is needed is proof that someone posted an image before it was posted here. That's why the copyright laws read the way they do. What is going on here is just plain wrong and if things don't change someone with money will come and shut this place down.. It won't be me, I assure you.. I am so poor I don't even have tv.
Quote:
Originally Posted by TheAvenger
A provisional copyright is assumed at the time any type of intellectual or artisitic property is created. BUT, to make a legal claim of copyright infringement said provisional copyright must be registered with the federal government, before a case of infringement can be claimed, because only a registered copyright has legal standing. And registering a copyright takes both time and costs and to fully insure your rights you should hire a lawyer who works only in copyright law to handle the matter for you.You are a lay person reading the laws. I am an expert, in copyright law, who argues cases before the US Supreme Court and The World Court, in The Hague. And, so you know, I always represent artists, writers, and musicians whose works have been infringed upon. So, as I assume, you're an artist, I'm on your side, as long as you hold the legal REGISTERED copyright. If you think you have a case of copyright infringement then file the proper report(s) with the proper documentation. ( But saying "This is copyrighted!!" is not proof of anything but provisional copyright and has no legal standing in any court in the US or most of the rest of the civilized world). If that doesn't get your work deleted or credited, than hire an expert, in copyright law, to file suit for you. I should warn you though, it's a very time consuming and expensive thing to do, and if you lose the case you'll pay all legal fees, court costs, and the party you sued may sue you.
Please, before this yammering continues. Just read in the original post of Komodo.
Quote:
Originally Posted by Komodo
I am well aware of the DMCA issues that have arisen recently. Make no misunderstanding, we are going to resolve this where the original artists rights are protected.
If you would like to make a copyright infringement claim, please email me directly at harry@maugans.com. I am currently sorting through a large number of emails, but I will try to get to everyone in the next 24-48 hours.
Then if he asks for money or registration, let us know.
I have dealt with my problems on this site.. I am now trying to assure it does not happen again.. It's really qiuite simple.. Don't post anything that was taken from dA. I will be watching.
Marsille is absolutly correct they dont even need to post that its copyrighted however My perspective only....
I know I should simply stay out of this completely however rarely do as I should.
OK the real basic facts are yes some wallpapers where used with out the artist consent, yes they are considered copyrighted whether or not that is was posted. At the same time unless the uploaders were specifically saying they did the artwork or making a profit off of it the actual offense is equavilent to jaywalking. Show some self respect and handle this like grown ups not 12 year olds. Everyone that is looking up copyright law should realize that except under some rare occassion most of these huge fingerpointing alligations amount to they stole my tic tac. Furthermore in my opinion you artists should be ashamed of yourselves these people practically idolized your work and you treat them with no respect whatsoever.
Posted by Marsille, 6 Minutes Ago - Permalink I see this person likes to argue.. He is right in some ways and wrong in others.. Very few artists have the money it takes to register every piece of art they create.. This doesn't give others the right to take their work and post it on another site.. All that is needed is proof that someone posted an image before it was posted here. That's why the copyright laws read the way they do. What is going on here is just plain wrong and if things don't change someone with money will come and shut this place down.. It won't be me, I assure you.. I am so poor I don't even have tv.
If an artist does not have money to register his art, he/she has NO legal standing in a court of law within the United States. Therefore, those who do not hold an actual US GOVERNMENT registered copyright claim CANNOT sue members of DesktopNexus or anyone else. Those DEVIANT claims are nothing more than empty threats. ONLY US REGISTERED, COPYRIGHTED MATERIALS WILL BE ACCEPTED AS LEGAL MATTERS/COURT CASES. Your statement that posting art first gives you a court qualified copyright is simply false. The provisional copyright will not be accepted in any US court of law.
As to your threats against DesktopNexus being shut down, that will not happen unless ALL wallpaper sites on the internet are shut down. This would cost millions of dollars in a class action lawsuit and I doubt that any attorney in his right mind would take any of the Deviant people's case as NO INDIVIDUAL MEMBER OF DN HAS PROFITED FROM ANY DEVIANT ART IN ANY WAY. The only person who has profited from any of the "ART" uploaded on this site is the owner of the site. Harassing individual members of DN will get you nowhere. The Deviants are engaging in illegal activities by making threats against DN members along with other obscene activities that have been occurring here by the Deviant community. So, it is obvious the plan of the Deviant community is to keep harassing individual members of DN until the site closes down. That will not happen. Put your money where your "mouth" is....find an attorney to file a class action lawsuit and LET THE ATTORNEYS HANDLE legal matters...You had better be advised that continued illegal activities by the Deviant community against DN members will not be tolerated. The LAW IS THE LAW....YOU do not know the law so why don't you go back to making art and leave the rest to attorneys...Maybe if you keep working on your art you will be able to afford your own attorney.
Komodo has to correct me if I'm wrong. But there won't be a court. So no money no registration required. I think he just will have a look at the upload dates on DN and DA.
I have dealt with my problems on this site.. I am now trying to assure it does not happen again.. It's really qiuite simple.. Don't post anything that was taken from dA. I will be watching.
I don't think that you understand the point. No one will, after all this noise, go and intentionally download one of your works. He will get kicked out or something. But, and here is the important part, most users find WPs that they upload here on DN on other sites, and it may happen that some of these WPs are DA members' work. DN user cannot know that it is DA members' work, because it does not say anywhere on the WP that it belongs to DA user "A" or user "B", whatever the artist's name is. AND, DN as well cannot know that it is a DA members' work. Therefore, please take it easy and try understand that DN is not to blame here. Administration does everything it can to sort any complaints in shortest time possible.
Can we please focus on trying sort things out instead of blaming one another? Shall we?
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