[Clipart] Copyright: fictional or real characters to clipart?

chovynz chovynz at gmail.com
Wed Mar 25 02:18:34 PDT 2009

On Wed, Mar 25, 2009 at 9:54 PM, Jochen Staerk <jstaerk at usegroup.de> wrote:

> Hash: SHA1
> Hi
> >> Except:
> >> 1) Get permission for the Darth Vader Comic character.
> >> 2) If unsucessful, delete it from the database.
> I apply for smartass-of-the-day and want to mention that this is a form
> of censorship as well: As far as I know some countries do not know
> intellectual property and thus US-Copyright does not apply there (China
> is a candidate which I would check and e.g. Afghanistan). So if you
> follow your own rules you mark this as banned in the US, the EU, etc..

I'm unsure if you're calling me a smart-arse, but I dont care and it is also
not my intent on being one. What I see here is a potential timebomb that I
want to see dismantled or gone. I'm unable to do it myself so I raise my
voice in alarm (email) for those that can.

Of course it's censorship! That's what copyright is all about. I'm not
censoring based on what I want (I want the comic character to stay), I'm
censoring based on what the law says (that comics based on famous
copyrighted fictional characters are not allowed to be created and uploaded
for use in the public domain). Self-censor-ship is always better than having
someone else censor you.

It's why I hate current copyright laws. It's why I love copyleft. I think
the copyright laws are WAAAAY behind on what the digital age and users are
capable of. It is not future thinking, it is not creativity encouraging.
Copyright sucks. But it's here. So we have to suck it up and avoid it, or
use it to our advantage by getting permission as much as possible.

> Maybe the project could define which country law to obey, otherwise you
> could call us an anarchy.
> I suggest the law where the server is situated. As far as I know we
> currently have only one in the USA but if somebody ever wanted to mirror
> in germany I would not disallow that the officially censored pictures
> are banned from that repository, otherwise e.g. a german magazine can
> not download and put on media something which is mirrored on a german
> host, be it public domain or not (and the server operator can be sued).
> E.g. Microsoft germany IMO can attack and even sue the prooo-box
> (shipping with openoffice) if they sell the DVD in germany with a single
> fucking swastika clipart.
I think that's a good idea; having one law to follow based on the server.
Otherwise you will always get the "but other countries are doing it/don't
have copyright/allow this sort of image/etc".

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