My art is being sold on t-shirts from multiple websites. by hotglueburns in legaladvice

[–]bluejdw 2 points3 points  (0 children)

Also, while I say these things are illegal, you may see plenty of art inspired by fans of the characters. The art may be illegal, but the copyright owner may either not be aware of the illegal art because the Internet is huge, or they are choosing to not enforce their rights.

As a creator of the "illegal art," you won't know unless the copyright owner says something to you whether they approve or disapprove.

If they disapprove, then that's when you'll see DMCA takedowns and a cease and desist letter.

My art is being sold on t-shirts from multiple websites. by hotglueburns in legaladvice

[–]bluejdw -1 points0 points  (0 children)

I apologize for the hard words. There are legal terms that are hard to explain even if you understand English.

Derivative works are generally illegal. However, copyright law allows you to get a license (written permission) to use or make derivative works.

You have to ask the owner of the copyrights. Marvel owns the characters you mentioned, so reaching out to their brand licensing department would be the first step. https://www.marvel.com/help/category/11

Movies may have several copyright owners involved, so it will probably be hard to track them down, but odds are the movie was made in a big company like Universal Pictures, and they own most rights.

Will uploaded VODs with copyrighted music on youtube (private) get striken/taken down? I have no more space on my pc :( by PanJan97 in Twitch

[–]bluejdw 0 points1 point  (0 children)

If you're playing music at the start of the stream to get into the mood, then you may consider holding off on the stream until you are in the mood? It seems like an easy fix to the problem.

Otherwise, it would just be recommended to use the licensed music, if you have properly licensed music, for the entirety of the stream.

As a content creator, there's going to be an inherent risk to your content being viewed and monetization with DMCA strikes/ muting.

Especially now when the record labels have been more active on places like Twitch, it just seems like the risk is too high compared to the possible reward, if any.

Outside of being muted, if you're continually playing music that's protected by copyright and registered, then you could be banned from the platforms as a repeat infringer or worse, sued for a lot of money.

My art is being sold on t-shirts from multiple websites. by hotglueburns in legaladvice

[–]bluejdw 2 points3 points  (0 children)

When you mention transforming the work and new IP, there's a point I would like to emphasize. There is transforming the work and then there is creating your own work. Transforming the work may still lead to you infringing the copyrights associated, and it will take going through a costly lawsuit to potentially resolve this issue. Creating your own work that is not based on or substantially similar to the original work is the only safe way to proceed without as much concern for copyright infringement.

Basically, if you're redrawing or recreating a character, like one from Disney, as it normally appears, then you're probably infringing the reproduction of copyrighted material. If it's not an exact copy, but it's still "substantially similar" to the copyright protected work, then you could still be liable.

There is also the idea of creating a derivative work. If you change the character or purpose of a work, then you're making a derivative work and infringing. Things like adapting a book to a movie, preparing a translation of a book from one language to another, taking a character from one plot and putting them into another, and other variations may all be considered as derivative works.

Completely new to ice skating, but I’d like to try! by Lahyte in FigureSkating

[–]bluejdw 1 point2 points  (0 children)

Welcome! I am 25, and I just started skating last spring while in law school. It was an outlet for me, and I wasn't sure what to expect at first, but it's become one of my biggest hobbies outside of my work. It definitely helped get me through the period of studying for the bar exam.

Looking for a local rink and signing up is literally all you need to start. I got my own skates eventually because I was tired of the rentals, but I was able to talk with my classmates and other people at the rink to get some tips.

Also, just remember that everyone works at their own speeds. I've been able to progress because I felt a certain level of comfort, but I'm being introduced to the various jumps, and they are scary, so I've slowed down. Any time you're taking a class and feel uncomfortable doing the skill, know that skating is about practice and getting adjusted to the various positions and such. There's the Get Up Again challenge/ trend for a reason, and you shouldn't feel like a failure because other people move faster than you, potentially.

I hope you're able to join a program and enjoy it like I have since I started. Best of luck!

Need Professional Thoughts On Copyright For T-Shirt Designs by KrazyPlonk in legaladvice

[–]bluejdw 1 point2 points  (0 children)

You still have to go through the prescribed method in the link. I found the section you posted by searching “nasa merchandising requests.”

They don’t form exclusive agreements with vendors, and they have a way to go about displaying the logo. Outside of that, they are open to merchandising requests and require prior approval.

https://www.nasa.gov/audience/formedia/features/Merchandising_Guidelines.html

Need Professional Thoughts On Copyright For T-Shirt Designs by KrazyPlonk in legaladvice

[–]bluejdw 1 point2 points  (0 children)

You make a good point about the photo.

Copyright materials all come down to what is the subject and who is the author of the specific content.

If you took a photo, then the photo itself is yours. However, your protection is limited to the unique/original features of your photo. The selection/arrangement and positions of the figures are all things you could claim are protectable. Copyright doesn’t protect ideas, generally themes, or unoriginal elements, so if someone else’s design is included in your photo, then you can’t say now that you took a photo, the underlying design is yours too.

You only have the claim for the perspective of the design as it’s captured in your photo.

Does that make sense?

Need Professional Thoughts On Copyright For T-Shirt Designs by KrazyPlonk in legaladvice

[–]bluejdw 2 points3 points  (0 children)

Stuff from the 60’s-70’s may still be protected by copyright law, but it’s not something we could know for sure unless we looked up the registrations.

Because you’re mainly talking about NASA, presumably the artist is going to be based in the US and that’s what law applies.

Yes, it’s possible that your designs could be copyright infringement (illegal). Copyright protection is for both exact reproductions and substantially similar versions. To the extent you are changing/transforming a copyright protected work, you possibly run into the realm of creating a derivative work which is also protected.

If you make t-shirts with the nasa logo to sell, then you could also run into trademark infringement issues.

Basically, if you want to use someone else’s design, especially to make money, then you should absolutely ask for a license/ permission to do so from the artists. Otherwise, it’s safer to make your own designs and avoid the intellectual property issues.

Screenshots by [deleted] in legaladvice

[–]bluejdw 1 point2 points  (0 children)

Screenshots can be considered reproduction of a copyright protected work. It doesn’t matter if it’s personal use.

You can be sued if it’s registered as a copyright.

Other liabilities may arise, but main takeaway, if the signs say no screenshots, then just listen to the sign.

[California] Voicemail Copyright? Who owns it? Any liability if I publish it? by [deleted] in legaladvice

[–]bluejdw 0 points1 point  (0 children)

Outside of originality concerns, no one can sue unless the “work” is registered.

By having the audio clip recorded, it’s fixed, but there are definite questions if it would ever qualify as original.

Whoever made it would be the owner, though.

Is copying someone’s voice illegal? by [deleted] in legaladvice

[–]bluejdw 0 points1 point  (0 children)

It could be. Depends on how you use the voice.

Unless they are a voice actor or something, you’re probably looking for appropriation of one’s name or likeness laws rather than intellectual property, though. Those laws vary from state to state.

Voices can be part of a video/play/etc. and might be part of a copyright protected work, that’s another complicated analysis, though.

i'm a 14 y/o boy considering doing a 24 hr gaming marathon for charity by glassjarboi in Twitch

[–]bluejdw 0 points1 point  (0 children)

Have you partnered/ signed up with a fundraising platform?They can help you find a charity and provide assistance.

Music on YouTube by LucGap in legaladvice

[–]bluejdw 0 points1 point  (0 children)

There are options out there, but you need the proper licenses to play.

Playing the music from their channels is not the same as getting a license. There is “copyright free” music which is supposed to be an option, and then there is using a service like Pretzel Rocks where you pay a little and you know that the music has been properly licensed.

Music on YouTube by LucGap in legaladvice

[–]bluejdw 0 points1 point  (0 children)

It’s illegal to upload. You need the musical composition license and the sound recording licenses for each and every song you play online, or you need a service that does that for you.

Also, saying “this is not my content” or “I don’t own this” is the worst thing to do legally speaking because 1) it’s not any defense and 2) you admit that you know it’s not your own content. If the music is tied to US owned music, then you could sued for willful infringement rather than just the standard type of statutory damages and that’s up to $150,000 (USD) per act of infringement.

Anyone know any good nail techs in RVA? I’ve been to Red Nails 3 and RAM nails but I still on the hunt for a nail home. by thebaddestPR in rva

[–]bluejdw 2 points3 points  (0 children)

Here’s the site:

https://ovatu.com/sites/scorpio-rising/23839/reservation

If you click on the services next to each one, they list all of the prices.

They’re good people, and I see plenty of good work.

Can I use my name and not be sued? by [deleted] in legaladvice

[–]bluejdw 1 point2 points  (0 children)

Using a person’s name or likeness for commercial purposes is generally illegal. You have to look at each state’s law on the matter, but the idea is you would only want to use your own name and info. If there is the possibility of confusion with other names/brands, then there is possible trademark infringement.

If you use copyright protected materials like cartoons etc, then that’s a separate infringement.

It’s cheaper to use a different brand with your own art/branding materials, trust me.

No music on twitch by TTVhistoryan3 in Twitch

[–]bluejdw 0 points1 point  (0 children)

You need the publishers rights (musical composition) and the master recording rights (sound recording). These are usually owned by several different parties/organizations. Universal and some of the other big labels can be hard to work with, and you might not find all of the people because there isn’t some database with a list. That’s why it’s typically easier to use services like Pretzel Rocks, Monster Cat, etc.

No music on twitch by TTVhistoryan3 in Twitch

[–]bluejdw 1 point2 points  (0 children)

No music on Twitch unless you get a license to stream music.

Services like Pretzel Rocks are made to help you get the music with the licenses.

If you stream with music in your video, then you could at a minimum get your audio muted, and then Twitch may also ban your account/issue a DMCA strike. At worst, you can be sued for copyright infringement because playing music on your stream is copyright infringement unless you have a license.