[thelist] Re: Logo design...
Stephen Rider
evolt_org at striderweb.com
Mon Jan 31 10:40:04 CST 2005
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>
Also:
On Jan 27, 2005, at 8:05 PM, Viveka Weiley wrote:
> Trademarks have the special quality that they must also be defended.
> If another Giant Octopus web design starts up and you don't tell them
> to stop infringing your registered trade mark quick smart, then you
> could lose it. This is *not* the case for copyrights, and I don't know
> if it is for patents.
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.
Apparently, in an earlier case, some people had asked her for
permission to use her characters, and for the same reasons, she said
"No". They then went ahead and used the characters, and because she
had already said no, she _had_ to sue them for damages or set the
precedent of non-copyright-enforcement.
I believe her other option is to look the other way and pretend not to
notice it, but once they had asked her permission and gotten an answer,
that was no longer an option.
Obviously I don't know the specific legal terminology, but the meaning
is pretty clear.
Steve Rider
...is not a lawyer
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