Ok, you’re a marketer, still trying to determine if Pinterest is right for you…


…and you heard a boogey man story about copyright problems. You’re asking,
Via http://marketingonpinterest.com

English: Red Pinterest logo
(Photo credit: Wikipedia)

Is Using Pinterest Going To Get Me In Trouble?”

(Although I’m not a lawyer, and this should not be considered legal advice…)

Let’s review the facts, and then you can decide…

Let’s say we did violate someone’s copyright. What happens next? The copyright holder has 3 choices, according to a great Electronic Frontier Foundation article on this issue. The copyright owner can:

  1. Let is slide.
  2. Sue you.
  3. Submit a DMCA Take Down Notice.

We think Youtube is a good case study for this issue, so it’s helpful to know what the common practice has been there when copyrights appear to be violated. As a general rule, again, according to the Electronic Frontier Foundation Article, a DMCA Take Down Notice is the most common response because it is 1) Fast and 2) Inexpensive.

So, could you be sued if you make a mistake? Yes. Does that happen in real life? The Electronic Frontier People said they don’t know of ANY cases except a couple rare one’s involving leaked movie trailers.

[If the Copyright owner is getting massive referral traffic & brand exposure via Pinterest would they even want to file one of these notices? No. But still, they could. Let’s think worst case.] Leer más “Ok, you’re a marketer, still trying to determine if Pinterest is right for you…”

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La actividad de los usuarios en Pinterest podría ser ilegal

Pinterest, el servicio social para compartir imágenes que tan de moda está en estos momentos, podría estar incurriendo en una violación de los derechos de autor. El abogado especializado en propiedad intelectual Itai Maytal ha expresado sus dudas respecto a la legalidad de la plataforma, dado que ésta permite exhibir en su totalidad los trabajos de otros.

Buscador de imágenes o plataforma social para encontrar y compartir contenido gráfico, Pinterest está ganando adeptos rápidamente. En un corto periodo de vida ya ha conseguido más de 10 millones de visitantes y es uno de los sitios donde más tiempo de media pasan los usuarios.

El abogado experto en temas relacionados con el copyright Itai Maytal ha señalado en una entrevista para BusinessInsider algunos puntos débiles de Pinterest. Por éstos el servicio podría ser acusado de infringir los derechos de autor de profesionales de la fotografía.


pinterest

Pinterest, el servicio social para compartir imágenes que tan de moda está en estos momentos, podría estar incurriendo en una violación de los derechos de autor. El abogado especializado en propiedad intelectual Itai Maytal ha expresado sus dudas respecto a la legalidad de la plataforma, dado que ésta permite exhibir en su totalidad los trabajos de otros.

Buscador de imágenes o plataforma social para encontrar y compartir contenido gráfico, Pinterest está ganando adeptos rápidamente. En un corto periodo de vida ya ha conseguido más de 10 millones de visitantes y es uno de los sitios donde más tiempo de media pasan los usuarios.

El abogado experto en temas relacionados con el copyright Itai Maytal ha señalado en una entrevista para BusinessInsider algunos puntos débiles de Pinterest. Por éstos el servicio podría ser acusado de infringir los derechos de autor de profesionales de la fotografía. Leer más “La actividad de los usuarios en Pinterest podría ser ilegal”

Moral dilemma: My company steals from other creatives

Fair usage

According to an entry on Wikipedia:

The fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use:

The purpose and character of the use (commercial or educational, transformative or reproductive);

the nature of the copyrighted work (fictional or factual, the degree of creativity);
the amount and substantiality of the portion of the original work used; and
the effect of the use upon the market (or potential market) for the original work.
The Act was later amended to extend the fair use defense to unpublished works.

As any writer on this and other blogs know, or should know, is that under fair use, we can show copyrighted work as mentioned above. As a designer, does the use I outlined in the first part of this article fall under fair use (presentations within a company or to a client)? It does not.

What is a “derivative work?”

Vanilla Ice suffered the question of derivative work with his well-loved Ice, Ice Baby hit. Was it lifted, or “sampled” from David Bowie’s Under Pressure? Mr. Ice argued the beat was completely different and monkeys could fly out of his rear end.

Wikipedia defines the subject as such:

A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work.”

The Wikipedia entry uses a piece by Marcel Duchamp of the Mona Lisa with a moustache and claims it is “often used by law professors to illustrate the legal concept of derivative work. Obviously da Vinci isn’t available to launch a suit for the use of his work but other works have been used in such a manner.


A friend of mine wrote me the other day and told me his company was stealing copyrighted work. He was very upset and said that his manager believes that anything on the internet is available to be put on a crappy T-shirt.

He asked my advice on what to do. He was a creative who felt righteous indignation about stealing from other creatives. I had to think about what to say in response.

The first time I was ordered to steal copyrighted material by my boss, I was horrified and felt I should protect the rights of others. It wasn’t so much for monetary gain but for a presentation and involved the work of several dozen illustrators. Nonetheless, it was something for which they should have received payment.

I pushed the point in a meeting on the project, pontificating on the copyright law in front of several executives and the president of the company. Later on, my supervisor informed me that the multi-sleazebag legal department had approved of the plan, claiming that if the copyright owners found out, it “wouldn’t cost more than a hundred dollars or so.”

Once again, I pointed out that the actual figure would be much more and the embarrassment to the corporation would be devastating. I was told not to worry about it and use the material. I did but made a copy of the presentation for my records, just in case. In a worst-case scenario, I didn’t want to be the art director who stole from other creatives. I knew of at least one other art director who took the fall for the company when the same thing happened. The project was discovered and the art director was fired, while every other art director and designer in the company sat mum, afraid to speak up and say that she had been handed the material and told to use it.

“Just do it and forget about it…it’s not your neck on the line. When your company is sued for thousands of dollars, you’ll be long gone,” I wrote to my friend. I hit send and felt I had given him the best advice available. Later I realized that he would take the blame when the company got caught. I regretted not telling him to nail the company doors shut with everyone inside and burn the place to the ground or poison the employee coffee pot because the penalty would be less than the damage to his professional reputation when he became the scapegoat for his company and their blatant disregard for the law.

The law!

Yes, it’s the law. Using copyrighted material without permission for any commercial usage, which includes presentations, T-shirts, promotional material, in-house posters, etc. is a breach of the copyright law. It does, however, happen every day in every part of the world. If Hello Kitty were a real person, she would die and spin in her grave from all of the illegal usage of her cute and profitable visage. Me-ouch!

YIKES! Obviously this is not a valid licensed product but what lawyer wants to bring the gun shop owner who manufactured this into court? Hello Kitty™ Sanrio

Every creative should know the copyright law, no matter in what country you reside (it’s a global economy!) not only to adhere to it for legal purposes but to protect your own rights as a creative of copyrighted works. There are many books and articles on the subject and I would suggest any source by legal guru Tad Crawford, who works with several arts organizations on artists’ rights.

Knowing the law and being able to intelligently put forth the problems a company could face by unfair usage could save a corporate entity or small business a crippling legal suit and devastating bad publicity—that is, if they listen to you!

As a freelancer, the copyright law not only protects your works but also your right to being paid by a client. The transfer of copyright can only be recognized by written consent to transfer such rights. When a client refuses to pay your invoice (which should be backed up with a contract laying out the transfer of copyright or other usage, contingent on payment), you can withdraw the copyright. After that, it’s no longer just a court case on non-payment but one of copyright violation with much stiffer financial penalties. Clients tend to change their minds on payment when it takes a turn for the very worst.

A very apt image for the copyright issue! ©2001 Steve Bell

I advise young designers who insist on doing free work for companies for “exposure” and the promise of future work (because they know more than I do and just won’t listen to my warnings about doing free work—ah, the passion and verve of youth!) to keep ownership of the copyright and just assign the usage to the company of creepy scammers, er…I mean the client, for a short period of a year so there IS a future in the free work. If the client reneges, don’t renew the assignment of the copyright! I’ve been thanked for that advice and heard more apologies from those who did the free work without a contract and never saw any of the client’s promises come to fruition.

Fair usage

According to an entry on Wikipedia:

The fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use:

The purpose and character of the use (commercial or educational, transformative or reproductive);

  1. the nature of the copyrighted work (fictional or factual, the degree of creativity);
  2. the amount and substantiality of the portion of the original work used; and
  3. the effect of the use upon the market (or potential market) for the original work.

The Act was later amended to extend the fair use defense to unpublished works.

As any writer on this and other blogs know, or should know, is that under fair use, we can show copyrighted work as mentioned above. As a designer, does the use I outlined in the first part of this article fall under fair use (presentations within a company or to a client)? It does not.

What is a “derivative work?”

Vanilla Ice suffered the question of derivative work with his well-loved Ice, Ice Baby hit. Was it lifted, or “sampled” from David Bowie’s Under Pressure? Mr. Ice argued the beat was completely different and monkeys could fly out of his rear end.

Wikipedia defines the subject as such:

A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work.”

The Wikipedia entry uses a piece by Marcel Duchamp of the Mona Lisa with a moustache and claims it is “often used by law professors to illustrate the legal concept of derivative work. Obviously da Vinci isn’t available to launch a suit for the use of his work but other works have been used in such a manner.

©Andy Warhol

Warhol’s Campbell’s soup can, for instance, bore a trademarked logo, but the Campbell’s Soup Company chose not to sue. Perhaps the free advertising involved persuaded them to not cause problems in the public eye. In this case it is worth noting that a critical piece of any lawsuit is proving damages. As with the problem my friend faces at work, using copyrighted works and logos, there is a commercial profit made from the images and that is another consideration in bringing suit. Collage artists, such as Richard Hamilton (know as the “father of pop art”), used other people’s images in his work, getting by with fair use. Leer más “Moral dilemma: My company steals from other creatives”

Reflections on Open Innovation and Intellectual Property

Intellectual property rights (IPR) used to be the key topic at open innovation conferences a few years back. Although still an important topic, this is no longer the case as companies mature on open innovation and find ways to solve these issues.

This development led me to downplay the significance of IPR when it comes to open innovation. Maybe I went a bit too far on this. I am reflecting on this after a session in my Danish network group in which we had a great visit by Jørn Vestergaard-Jensen, a Danish lawyer with good insights on IPR issues for open innovation.

Here I share some of the insights gained and reflections made by myself and the other participants.


by Stefan Lindegaard
http://www.innovationexcellence.com/blog/2011/12/10/reflections-on-open-innovation-and-intellectual-property/

Reflections on Open Innovation and Intellectual PropertyIntellectual property rights (IPR) used to be the key topic at open innovation conferences a few years back. Although still an important topic, this is no longer the case as companies mature on open innovation and find ways to solve these issues.

This development led me to downplay the significance of IPR when it comes to open innovation. Maybe I went a bit too far on this. I am reflecting on this after a session in my Danish network group in which we had a great visit by Jørn Vestergaard-Jensen, a Danish lawyer with good insights on IPR issues for open innovation.

Here I share some of the insights gained and reflections made by myself and the other participants.

Business Before Legal

I was glad to hear that Vestergaard-Jensen had a business mindset. One of his key points was that the business case should take lead over legal issues, not the other way around. He also said that in his world – the lawyer community – good/skilled people have this mindset implicating that less skilled people might focus on reducing risks rather than seeing opportunities in open innovation. I suspect we could agree that there are less good/skilled people than the opposite…

Don’t Be Too Naive

We had an interesting discussion on how “naïve” you can afford to be in open innovation partnerships. Many people in the Nordic region (myself included) take pride in our fairly open and trusting approach in which we believe in the best of people and do not always see reasons to be suspicious and thus protect yourself legally. Some cultures – probably led by the US – have a different mindset on this.

I still believe that the open minded approach is the best in the long run as innovation is moving from a more transactional to a relationship-based approach, but the discussion did prompt several of the participants to consider whether their approach to legal protection should be adjusted. Leer más “Reflections on Open Innovation and Intellectual Property”

Understanding the Laws of the Digital Jungle

Note: For the point of this piece it’s essential that I provide a disclaimer saying that I am not a lawyer or legal professional. I am simply a freelancer offering their insights and nothing I say is to be taken “as-is”. If you do have an issue, I urge you to seek assistance from a qualified legal professional.
Rights and Obligations

The web can be a scary place with the lawsuits which constantly rage on behind the scenes. While the public’s knowledge of how law affects them online can be somewhat confused, it’s important that we as service providers respect the laws which exist and ensure that we safeguard both our customers and (more importantly) ourselves. As a web designer there are several factors which do require a bit of recognition and it’s up to you as a professional to know your obligations and rights.


http://www.onextrapixel.com/2010/12/09/understanding-the-laws-of-the-digital-jungle/

While the subjects of design and development are things we regularly enjoy talking about, the issue of how law affects us as professionals doesn’t get nearly as much attention as it should do. While the web may be a place of free speech, diversity and competition there are a few constant issues which designers and developers alike need to be aware of if only to not do anything which might put them into a dispute. The aim of this article is to simply highlight the issues you may encounter.

Understanding the Laws of the Digital Jungle
Image credit: John Althouse Cohen

Note: For the point of this piece it’s essential that I provide a disclaimer saying that I am not a lawyer or legal professional. I am simply a freelancer offering their insights and nothing I say is to be taken “as-is”. If you do have an issue, I urge you to seek assistance from a qualified legal professional.

Rights and Obligations

The web can be a scary place with the lawsuits which constantly rage on behind the scenes. While the public’s knowledge of how law affects them online can be somewhat confused, it’s important that we as service providers respect the laws which exist and ensure that we safeguard both our customers and (more importantly) ourselves. As a web designer there are several factors which do require a bit of recognition and it’s up to you as a professional to know your obligations and rights.

Rights and Obligations
Image credit: crationc

Figure 1: The Internet isn’t free from the law, so beware if you break it!

Below we shall cover very briefly the types of laws that can affect you and the reasons why you need to know about it. Because law is a complicated subject you’re going to need to research the subject further and if you feel confused or worried about anything, get some proper advice from someone who’s well versed in Internet law. Hopefully the recognition of the below will give you the knowledge you need to get started and perhaps save you a lot of potential hassle in the future! Leer más “Understanding the Laws of the Digital Jungle”

Understanding the Laws of the Digital Jungle

Figure 1: The Internet isn’t free from the law, so beware if you break it!

Below we shall cover very briefly the types of laws that can affect you and the reasons why you need to know about it. Because law is a complicated subject you’re going to need to research the subject further and if you feel confused or worried about anything, get some proper advice from someone who’s well versed in Internet law. Hopefully the recognition of the below will give you the knowledge you need to get started and perhaps save you a lot of potential hassle in the future!
Intellectual Property

Of the many areas of law which affect the field of web design and development, arguably the most prominent is intellectual property. In essence, this covers things like copyright, trademarks, patents, cyber squatting (domain disputes) and to a lesser extent, issues such as plagiarism. As a designer or developer, you need to be aware of intellectual property because it governs what you are legally allowed to use in terms of other peoples content and even what denotes fair use in your work.


http://www.onextrapixel.com/2010/12/09/understanding-the-laws-of-the-digital-jungle/

While the subjects of design and development are things we regularly enjoy talking about, the issue of how law affects us as professionals doesn’t get nearly as much attention as it should do. While the web may be a place of free speech, diversity and competition there are a few constant issues which designers and developers alike need to be aware of if only to not do anything which might put them into a dispute. The aim of this article is to simply highlight the issues you may encounter.

Understanding the Laws of the Digital Jungle
Image credit: Maciek Lesniak

Note: For the point of this piece it’s essential that I provide a disclaimer saying that I am not a lawyer or legal professional. I am simply a freelancer offering their insights and nothing I say is to be taken “as-is”. If you do have an issue, I urge you to seek assistance from a qualified legal professional. Leer más “Understanding the Laws of the Digital Jungle”

5 Essential Lessons on Success

By Mr. Self Development
http://thinksimplenow.com

Today I want to talk about the ingredients that cause success. Why do some people succeed, while others fail? what separates the two. I’m constantly intrigued with the concepts involved in success and failure. I’ve dedicated my life to discovering and explaining what separates one from the other.

I spend my days learning about the laws and the principles of success. I believe if we learn these laws and principles we will succeed. In fact, if anyone learns these laws and principles, they will succeed.

The laws of success will move your life from the pit to the palace, from ordinary to extraordinary. With that, let’s take a look at five essential lessons on the causes of success.

5 Must Read Lessons on What Causes Success:
1. Understanding the Success Formula

“Success is simply a matter of luck. Ask any failure.”
–Earl Wilson

Success is usually the result of concentrated focus in an area where you have a natural advantage. Concentrated focus multiplies your effectiveness seven-fold. Concentrated focus makes the difference.

One man with discipline, determination, and focus will accomplish more than a 100 men who are merely interested.

The use of concentrated focus in an area where you are talented, will in time, grant you the opportunity to succeed. Success has almost nothing to do with luck. What people call luck is usually the offspring of concentrated focus. Success may appear to be the result of luck, but appearances are often deceiving.
2. Passionate Energy and Drive


lessons on success
Photo by Aeschleah DeMartino

By Mr. Self Development
http://thinksimplenow.com

Today I want to talk about the ingredients that cause success. Why do some people succeed, while others fail? what separates the two. I’m constantly intrigued with the concepts involved in success and failure. I’ve dedicated my life to discovering and explaining what separates one from the other.

I spend my days learning about the laws and the principles of success. I believe if we learn these laws and principles we will succeed. In fact, if anyone learns these laws and principles, they will succeed.

The laws of success will move your life from the pit to the palace, from ordinary to extraordinary. With that, let’s take a look at five essential lessons on the causes of success.

5 Must Read Lessons on What Causes Success: Leer más “5 Essential Lessons on Success”