Help with copyright...

[Little-Miss]

I think i mentioned this a while back.

 

My friend is having some issues with copyright.

 

He's an "urban" artist (graffiti basically....but more on canvases then on walls) and is quite popular in Brum. He's having problems with people taking his images and using them for myspace layouts, mobile backgrounds and now skateboard designs without consent!

 

So, what does he do?!

Edited February 16, 2009 by Little-Miss

[ChrisJ]

There is some advice and examples of stolen work here - http://youthoughtwewouldntnotice.com/blog3/

 

However it is mainly US Law, so probably won't apply. But it's quite an interesting read to look at the stolen ideas compared to the originals.

[EduTech]

Barker Brettell Ltd - Barker Brettell - Patents, Trademarks, Copyright, Designs

 

I did some work for them a while ago now, but when i was there they seemed to know what they were talking about when it comes to this kind of stuff.

 

Tell your mate to pop in and have a chat, i am sure they could point him in the right direction.

 

James.

[Mandy]

If he makes a copy of the art work (i.e photo), sends it to himself in the post and keep the envelope sealed. It will be dated and therefore copyrighted.

 

The envelope has to be kept sealed to prove no adjustments have been made to the piece.

 

[Domino]

If he makes a copy of the art work (i.e photo), sends it to himself in the post and keep the envelope sealed. It will be dated and therefore copyrighted.

 

The envelope has to be kept sealed to prove no adjustments have been made to the piece.

 

 

thats actually inadmissable, and does not denote copyright.

 

It has been used to backup cases where people are saying that they created artwork/music AFTER the artist in question has an envelope sealed and dated.

 

Has he spoken to the people in question and requested recompsention? probably the first step, then involve a lawyer

[Mandy]

Have a look here - online registration for copyrighting your work:

 

The UK Copyright Service - Intellectual property registration centre

[Maz]

thats actually inadmissable, and does not denote copyright.

 

It has been used to backup cases where people are saying that they created artwork/music AFTER the artist in question has an envelope sealed and dated.

 

Has he spoken to the people in question and requested recompsention? probably the first step, then involve a lawyer

 

We got taught that in our sound production module at college. It's not 100% copyrighted - but it's called the "poor man's copyright"

 

Costs £100 if I can recall correctly, god it's been a while since I was at college

[SteveBentley]

There is no mechanism in UK law to register your copyright. Something you create is automatically copyright to you (or your employer) as soon as you do it.

 

The post it to yourself and don't open it is simply a way of having a copy of the work which you can prove (or at least claim as proof) existed at the date of the postmark.

[Little-Miss]

Hoakser T-Shirts, Hoakser Gifts, Art, Posters, and more here...he didnt upload these!

[penfold_99]

Hoakser T-Shirts, Hoakser Gifts, Art, Posters, and more here...he didnt upload these!

 

 

Does he have copies of his work in situ?

 

If so, i would contact the company and make them aware they infringing his copyright. Ask them to either remove the items or pay a royalty.

 

if they refuse both, i would speak to a solicitor, normally you get a free 30mins session and ask their opinion.

[contink]

This is one of those things where what the law says and what will happen depends on a sort of game of who blinks first but there's some sensible ways to avoid a lot of agrro from the beginning.

 

1. If people like your work and want to us it digitally then pro-actively get some good photos of the work and host them on a website where copyright and attribution is displayed properly. Make downloads available with the same information provided (albeit subtly not plastered all over) and make it high quality.

 

You can then include some nice disclaimer and copyright terms with that and you have a basis for step #2

 

 

2. If some scrote or commercial numpty tries to make a sheckle from your work you go with a polite but pointed letter or email explaining that they are in breach of copyright and please remove. If you like the work and want to talk licensing then drop me a line.

 

In a lot of cases you'll see companies do just that... If it doesn't work and it's online, email abuse for the ISP and it'll soon disappear.

 

 

3. If it's really that popular why not provide his own branding using coffee press or similar and maybe negotiate with someone who wants to pay him for the designs (with perhaps a per-unit percentage sold for him too) and then let them protect their investment with any copyright infringers.

 

 

Ultimately though when it comes to copyright it often comes down to who blinks first... If someone isn't going to budge you need to be prepared to go legal and hard, or just walk away. Half measures are a waste of time.

 

Hope that helps with some out of the box thinking

[Little-Miss]

He actually prints his own t-shirts and they're all available to buy on ebay. I know he's emailed the solicitors mentioned earlier in the thread for some advice, but i think maybe he needs to make these places aware of what they're doing...

[SteveBentley]

A few interesting parallels in this case - although in your friend's case the people who are nicking his IP are making money from it so it's worse.

 

BBC uses copyright image from Flickr for News 24 | BitterWallet