Intellectual Property

[CharleyH]

I poor man (registered mail) copyrighted a detailed artistic statement for an art series that I initiated, and included prints and negatives and witnesses as proof of the implementation of my concept and of my art direction.

Because of this, I believe the said concept is no longer a concept, but rather a literary creation because it is a detailed statement of artistic vision, combined with samples of contact sheets and negatives as proof of the implementation of the concept, and therefore also an artistic creation, both of which are applicable to intellectual property criteria.

Any thoughts? Is this correct? Or is there disagreement on the fact that the concept is no longer a concept for which there are no laws.

 

[Guest]

Just replying so you do not feel ignored, Ch. I have no idea but it seems you need a legal opinion. Perhaps research the www?

best, Perdita

 

[KarenAM]

My understanding is that your tangible work can be copyrighted (the physical stuff you've done), but that ideas and titles cannot be. But there's a gray area, too, which is why copyright lawyers drive Mercedes.

By way of example, let's say I write a story about an Usahar having sex with his slave Taiyiha. Now, an Usahar is a creation from my erotic novel and short stories, and a Taiyiha is a term for sex slave from those same works, posted here on Literotica with the copyright clearly marked. The novel and stories are my intellectual property, and if someone wrote another novel with an Usahar having sex with a Taiyiha, I could probably argue infringement and sue in court if their work was done for profit. That's because "Usahar" and "Taiyiha" are invented words appearing only in my stories.

But if this person wrote a story in which a Blagzabar had sex with his slave Gazulnga, there would be no infringement because the idea of one thing having sex with its slave defined by a specific term is an idea, and I can't copyright that. If they took the text I've written and replaced all the words "Usahar" with "Blagzabar" and the words "Taiyiha" with "Gazulnga", I could sue because they used my story with their names. A gray area comes in if they rewrote my story with different names, because there's that subtle difference between being inspired by something (no copyright problem) and copying something (copyright problem).

Again, this is my understanding, and is worth every penny you've paid for it. If you want to be certain, I'd agree with Perdita and encourage you to consult a copyright attorney.

Best of luck, and I hope this helps!

 

[dr_mabeuse]

Need more details. I don't think you can copyright ideas, like "abstract impressionism" or "transcendent porn", but you could probably copyright the term. In recent years Billy Joel has copyrighted his name, and Emeril Lagassi has copyrighted "Bam!" Brent Mussburger tried to copyright the phrase "March Madness" for the NCAA basketball playoffs, claiming he invented the term, bt I don't know what happened with that.

What did you write? Like a manifesto or something?

---dr.M.

 

[CharleyH]

its complicated . .

I know alot of intellectual property law, and know my answer already. I wouldn't be so bitchy, but well, its a selfish ex- trying to publish and make money off something I paid for, initiated, thought out, and got her to shoot . . . Doc - I'll PM

Concept to literary work then to implimented artistic work.

Thanks all.

Perdita the mere fact that you posted to make me feel good deserves a long hug and a little kiss. I was feeling crappy, until the moment you made me feel great . . . and everyone else here too

Karen . . . I understand - but the concept is so unique that . . . written out with photo proof for . . . it makes the fact that the concept has, and maybe will be used - but - the fact that someone you know directly is making money, not only off the original photos idea, but plagerizing the concept to benefit themselves, and no one else involved . . .

Maybe I should have posted . . .what is the definition of a copyrighted idea? Kiss for you too - thanks

 

[KarenAM]

Hi Charley,

Another thought occurred to me after I posted. You might also look into trademark law, which might give you control over things like names and so on in a way that copyright doesn't. I think trademarks are more limited to commercial stuff, but maybe this will help you too.

Best of luck!

 

[CharleyH]

thanks Karen - trademark doesn't apply - it would be a combo of copt infringe and criminal . . .I did take a wee smidget of law school before deciding it was complete paper work - lol

I appreciate your help immensely . . .

 

[SlickTony]

It's quite true that you can't copywrite titles, as my sister knows to her sorrow. I think I wrote last year how she wrote a screenplay called Tears of the Sun, shopped it around, and then lo and behold! this movie with Bruce Willis, also called Tears of the Sun comes out. Based on what she told me, it's certain that somebody liked her title, if not her story, but of course she has no redress.

 

[erotic_writer_girl]

copyright info

HI,

Here are some websites loaded with copyright info hope they are helpful

Copyright law
http://www.laderapress.com/laderapress/copyrightlaw1.html

More on Copyright
http://www.nesl.edu/research/intprop.cfm

RIAA
http://www.riaa.org/Copyright-What.cfm

Berne Convention: short version
http://www.indexstock.com/pages/berne.htm

Berne Convention: long version
http://www.cerebalaw.com/berne.htm

YOUR COPYRIGHT
http://www.batnet.com/oikoumene/MMLAW_02.PDF

I am sure the answers you need are in these sites.

Happy reading

EWG

 

[Lauren Hynde]

Intellectual Property: if I make an architecture project, regardless of the level of detail, and someone uses this project to build a house without my authorisation, that person will be effectively stealing me. My idea is copyrighted, and the fact that I had nothing to do with the actual construction process has no baring on that.

From what you say, I would think you have a strong case.

 

[CharleyH]

It's quite true that you can't copywrite titles, as my sister knows to her sorrow. I think I wrote last year how she wrote a screenplay called Tears of the Sun, shopped it around, and then lo and behold! this movie with Bruce Willis, also called Tears of the Sun comes out. Based on what she told me, it's certain that somebody liked her title, if not her story, but of course she has no redress.

True, no titles .

 

[CharleyH]

Re: copyright info

HI,

Here are some websites loaded with copyright info hope they are helpful

Copyright law
http://www.laderapress.com/laderapress/copyrightlaw1.html

More on Copyright
http://www.nesl.edu/research/intprop.cfm

RIAA
http://www.riaa.org/Copyright-What.cfm

Berne Convention: short version
http://www.indexstock.com/pages/berne.htm

Berne Convention: long version
http://www.cerebalaw.com/berne.htm

YOUR COPYRIGHT
http://www.batnet.com/oikoumene/MMLAW_02.PDF

I am sure the answers you need are in these sites.

Happy reading

EWG

Probably read them all already - lol - intellectual property/ copyright infringe does indeed reside by the laws of the country either where the copyright was infringed, or where the plantiff files the complaint - I believe. I'll check them out, but thinking that some might not apply to me here.

Thanks for the copious amounts of reading material though - I may just find something new

 

[CharleyH]

Intellectual Property: if I make an architecture project, regardless of the level of detail, and someone uses this project to build a house without my authorisation, that person will be effectively stealing me. My idea is copyrighted, and the fact that I had nothing to do with the actual construction process has no baring on that.

From what you say, I would think you have a strong case.

Always better late than never Lauren -