[thelist] Re: Logo design...
Mattias Thorslund
mattias at inreach.com
Mon Jan 31 11:04:20 CST 2005
Stephen Rider wrote:
> For those interested in copyright law as pertains to web design:
>
> If you're in the USA, you might find this book from Nolo Law useful --
> <http://tinyurl.com/6abhp>
Thanks
>
> FYI -- it seems this can apply to copyright as well. An anecdotal
> story, to be sure, but... I know a person who writes fiction on a
> mailing list. At one point he was tying his work into an established
> professional author's world (that of Chelsea Quinn Yarbro, if it
> matters to you). At some point, he actually met Ms. Yarbro and as
> soon as she became aware of what he had done, she asked him to remove
> all references to her work. The argument was effectively that she
> _had_ to ask him to remove it, or lose protection of her characters.
> Someone who came along later and infringed her copyrights could point
> to her knowing about the earlier fan fiction and not stopping it as a
> legal argument that since she had knowingly not blocked such
> infringement before, she had given up the right to do so later.
I don't think this has anything to do with copyright - it seems to me
that a fictional character would rather be considered an Idea, which is
not protected under copyright. What the author did was more consistent
with defending a trademark, since trademark law works like that. I have
no idea what law protects fictional character, it may not be trademark law.
But no, I'm not a lawyer either.
/Mattias
--
More views at http://www.thorslund.us
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