[Clipart] clipart Digest, Vol 60, Issue 46

[Jon Phillips]

Agree overall...also, DMCA safe harbor provisions give 36-72 hours to
respond to a challenge against something in our system...that is for a
counter-claim (aka, a response). Then, there is another window of
response from the party making the claim...regardless, 36-72 hours to
respond or take down something is the generally accepted length of
time if we have a problem...fwiw.

http://en.wikipedia.org/wiki/Dmca

This is part of the innovation that allows for USA to have so many
user-generated content sites, like youtube, etc

Jon

2009/3/25 John Olsen <johnny_automatic at mac.com>:
>
> On Mar 25, 2009, at 2:18 AM, clipart-request at lists.freedesktop.org wrote:
>
> From: chovynz <chovynz at gmail.com>
>
> I can't comment on Obama as I dont know US Govt rules on PD and presidential
>
> figures.
>
>
> First, people's own images are not copyright issue ,but privacy issue.
>  Public figures do not have the same rights and thus images of them are
> generally protected
>
>
>
> I'm not an expert on copyright, and I am not a lawyer, however I did study
>
> copyright in University on my Advanced Diploma in Design and Multimedia.
>
> About the other Darth Vader pictures, after reading Lucasfilms copyright
>
> statement I can tell you that unless they got permission to use him, then
>
> they probably are breaking copyright......I feel that maybe some of my
> comments are or might be taken the wrong way,
>
> so I'll clarify that now. What I'm doing is being a "devil's advocate." I'm
>
> being hard-nosed about it because, especially in America, I've seen people
>
> get sued over the stupidest little thing.
>
>
> I have never heard of a case of someone being sued straight out and I work
> in a field that blatantly steals images and logos for their own purposes (
> action sports like surf and skate).  The standard procedure is to send a
> cease and desist letter requesting the immediate removal of an image.  Even
> the most rabid copyright protectors like Disney do this.  Nicu's image is a
> Nicu drawing inspired by the Star Wars world.  No one would confuse it with
> the actual Lucasfilm art.  BTW, we have actual Lucas film images here in the
> library - those images were specifically placed in the PD in the USA as
> drawings for Star Wars patented toys.  All images used to support a patent
> claim in the US must be placed in the PD.
>
> That brings me to the point about "especially in America" and US Govt rules.
>  In the US ANYTHING produced by the government that isn't a security issue
> is the property of the citizens of the US and is thus placed in the public
> domain.  So many of the images here were produced with our tax dollars and
> we Americans can use them as we want.  This is very different from countries
> like Australia where the govt. specifically retains copyright on all of its
> work.
>
> John Olsen
>
>
>
>
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>



-- 
Jon Phillips
http://rejon.org/
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Sent from: Beijing Beijing China.