Copyright and Intellectual Property

Discussion in 'Car Detailing Product Discussion' started by togwt, Feb 16, 2009.

  1. togwt

    togwt Nuba Guru

    Copyright and Intellectual Property

    Have you ever seen photographs or write-ups of vehicles you've detailed on websites other than your own, used without your permission? Protect written works or photographs form being used by others without your permission wither or not they are being used for monetary gain

    We used to say “Copying is the highest form of flattery”, but sometimes it’s purely theft. Copyright © material may not be used or reproduced in any form or by any method, or stored in, nor transferred to or from an electronic storage system, without the prior written permission from the author / publisher.

    Watermarking Photos
    [‘Sharing photos, especially if you will be posting them online or emailing them, you never know what will happen to them. Someone could take the photos for their own use, and you might never even know. Here is a simple step-by-step tutorial on protecting images by watermarking your photos (How to Watermark Your Photos
    While there are many ways to protect images, watermarking is probably the most effective. Several other methods, such as right-click disabling and adding a transparent gif image file on top, both have a work-around that the experienced photo-stealer knows or they are time-consuming. Put your watermark in several locations. If it’s on a vehicle, put it over a curved line, as they present a challenge when removing and cloning the underneath. Another good place is an obvious colour blend/change.’] [5]

    Copyright©[The concept of copyright originates with the Statute of Anne (1710) in Britain. It established the author of a work as the owner of the right to copy that work and the concept of a fixed term for that copyright. It was created as an act "for the encouragement of learning", as it had been noted at the time that publishers were reprinting the works of authors without their consent "to their very great detriment, and too often to the Ruin of them and their Families". As such, copyright was first created with the intention that authors might have some control over the printing of their work and to receive some financial recompense, so that this would encourage them to write more books and thus to aid the flow of ideas and learning, it states; "for the encouragement of learned men to compose and write useful books".]

    The intent of copyright is to allow authors to have control of and profit from their works, thus encouraging them to create new works and to aid the flow of ideas and learning. It covers the expression of ideas in a wide variety of tangible media, such as print, software, film, art, music and architecture. A copyright holder has exclusive rights to reproduce, adapt, distribute and publicly perform or display the copyrighted work. A limited exception to these rights allows copying of small portions of the work for a "fair use," such as a scholarly quotation and reference, criticism and similar purposes.

    Copyright is a form of intellectual property which gives the creator of original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain.

    Copyright applies to any expressible form of an idea or information that is substantive and discrete. Some jurisdictions also recognise "moral rights" of the creator of a work, such as the right to be credited for the work.

    Several exclusive rights typically attach to the holder of a copyright:
    •to produce copies or reproductions of the work and to sell those copies (mechanical rights; including, sometimes, electronic copies: distribution rights)
    •to import or export the work
    •to create derivative works (works that adapt the original work)
    •to perform or display the work publicly (performance rights)
    •to sell or assign these rights to others

    The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder’s permission.

    Copyright has been internationally standardized
    Lasting between fifty to a hundred years from the author's death, or a finite period for anonymous or corporate authorship; some jurisdictions have required formalities to establishing copyright, most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.’] [10]

    Should a forum owner be concerned about copyright infringement? There could be both a civil case against themselves and staff and well as a criminal case against the owners. The civil case, vicarious liability, is for not controlling the use of their forum, as they have a duty to ensure that users act lawfully. Importantly, penalties for the criminal offence, complicity and knowingly allowing the offence to take place.
    Recent research has shown the majority (70%) of offenders will stop once advised of the error in their ways, leaving only a minority requiring enforcement action to be taken against them

    © Symbol
    It may help protect your work by displaying the © symbol, your name, and the year in which it was created (i.e. © John Smith, 2008 all rights reserved) Using copyright protected works usually requires contacting the owner who may agree a licence.

    Creator and first owner
    In the case of written works, the author or creator of the work is also the first owner of any copyright in it. The only exception to this is where the work is made by an employee in the course of his or her employment. In some situations two or more people may be joint authors and joint owners of copyright.

    Intellectual property
    [‘Intellectual property rights are a bundle of exclusive rights over creations of the mind, both artistic and commercial. The former is covered by copyright laws, which protect creative works, such as books, movies, music, paintings, photographs, and software, and gives the copyright holder exclusive right to control reproduction or adaptation of such works for a certain period of time

    Intellectual property rights include copyrights, patents and trademarks, which grant the rights to control the use of the products of intellectual activity. Copyrights and patents exist to encourage creative and inventive efforts by assuring that the financial value of intellectual output will be controlled by the authors and inventors. Trademarks are intended to protect consumers from being deceived by the origin or nature of a product or service being offered for sale.’] [10]

    Public Domain‘The public domain is a range of abstract materials (commonly referred to as intellectual property), which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works. Furthermore, the laws of various countries define the scope of the public domain differently; making it necessary to specify which jurisdiction's public domain is being discussed.

    The public domain is most often discussed in contrast to works whose use is restricted by copyright. Under modern law, most original works of art, literature, music, etc. are covered by copyright from the time of their creation for a limited period of time (which varies by country).] [2]

    Plagiarism
    [Many people think of plagiarism as copying another's work, or borrowing someone else's original ideas. But terms like "copying" and "borrowing" can disguise the seriousness of the offence: According to the Merriam-Webster Online Dictionary; to "plagiarize" means to steal and pass off (the ideas or words of another) as one's own
    •Copying directly from a text, word-for-word
    •Using an attractive phrase or sentence you have found somewhere
    •Using text downloaded from the Internet
    •Paraphrasing the words of a text very closely
    •Borrowing statistics from another source or person
    •Downloading or copying pictures, photographs, or diagrams without acknowledging your sources

    Sometimes plagiarism can happen by accident, because you use an extract from someone else's work - but you forget to show that you are quoting. This is the first thing you should learn about plagiarism - and how to avoid it; always show that you are quoting somebody else's work by enclosing the extract in [‘Text’] quote marks ] [4]

    Thus [If you have an opinion, state it. When you have a strong opinion in the negative, it's best to preference your statement with "In my opinion...” This way you are not claiming something to be fact. We are all entitled to our opinion. We are not entitled to defame. This is slander (libel in print), and all parties have a right to protect themselves from slander, in particular as related to conducting business.][David Byron]

    Information Resource

    1. Intellectual Property Office -Intellectual Property Office - Copyright

    2.JISC Legal Information Service - JISC Legal - Intellectual Property

    3.Copyright Term and the Public Domain in the United States - Copyright Term and the Public Domain in the United States

    4.Getting Permission- by Attorney Richard Stim- Getting Permission: How to License & Clear Copyrighted Materials Online & Off

    5.About dot com - How to Watermark Your Photos

    6.The UK Copyright Service - The UK Copyright Service - Intellectual property registration centre

    7.US Copyright Office - U.S. Copyright Office - Online Service Providers

    8.10 Big Myths about copyright explained - 10 Big Myths about copyright explained

    9.Stanford Copyright & Fair Use Center - Stanford Copyright & Fair Use - Copyright and Fair Use Overview and Resources

    10.Wikipedia - United States copyright law - Wikipedia, the free encyclopedia


    [B
    ]© TOGWT ™ Ltd Copyright 2002-2008, all rights reserved
    [/B]

    Detailing Articles
    This is one of is one of a series of unbiased and informative, knowledge based, subject specific articles, which are dedicated to the automotive detailing enthusiast or professional detailer in search of development and further education

    Copyright Protection and intellectual property rights-© This work is registered with the UK Copyright Service that supports international copyright protection by securing independent evidence that will help prove originality and ownership in any future claims or disputes.

    All original material is copyright, unless otherwise state (1) it may be copied and distributed for non-commercial purposes only provided that you retain all copyright and other proprietary notices contained in the original material, (2) the information is copied in full with no changes unless prior written agreement is obtained from TOGWT, and a reference to © TOGWT ™ is included, any unauthorized use of these materials may violate copyrights and/or trademarks
     
  2. togwt

    togwt Nuba Guru

    Trade marks are signs which distinguish the services of one trader from those of another. You should lace a high value on your trade mark; it can often be the single most valuable marketing tool you own, whatever the size of business. Business invests a lot of time and money to name and brand their company and its products; they have both value and goodwill tied up in them. If you’ve worked hard to build up a reputation for high quality work and subsequent customer satisfaction you should do all you can to protect it. We used to say “Copying is the highest form of flattery”, but sometimes it’s purely theft

    Don’t let someone else steal your good name
    There was a recent instance where a detailer obtained work by intimating he was an experienced detailer with a highly regarded reputation for exceptionally high quality work. He obtained a detailing job on an exclusive automobile, citing photographs of detailing work that was not his, the job was done very badly, with some damage to the vehicle, which could have had a very damaging effect to both the imitated detailer and his companies reputation
     
  3. Deep Gloss Auto Salon

    Deep Gloss Auto Salon DB Pro Supporter

    Great post... some of my photos were recently used by some one in New Jersey on Craigs list... Thankfully someone alerted me to the issue and I made contact with the individual - he was very quick to remove my photos...
     

Share This Page