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The Pulp Faction • View topic - For anyone interested in Copyright Issues

For anyone interested in Copyright Issues

Got a bitchin' URL for some bitchin' reference pics? Post em here.

For anyone interested in Copyright Issues

Postby Anomic on Thu Jul 14, 2005 5:11 pm

The Australian Copyright Council directed me to this site in regards to some of my questions so I???ve posted the links for anyone else interested

http://www.copyright.org.au/information ... riting.htm

But in particular for writers link to info sheet

http://www.copyright.org.au/pdf/acc/InfoSheets/G013.pdf
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Postby Anomic on Wed Jun 28, 2006 10:35 am

New updated copyright info for those that still believe that mailing it to yourself or even putting a © is the best way of protecting your intellectual property.

http://www.copyright.org.au/information ... uctory.htm

Also the entire Copyright Act the whole 500 and something pages...

http://www.comlaw.gov.au/ComLaw/Legisla ... ht1968.pdf
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Postby tonia on Wed Jun 28, 2006 11:16 am

Thanks Anomic - some of it is quite interesting isn't it (gets pretty complicated in places with multiple people on projects)
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Postby Anomic on Wed Jun 28, 2006 11:33 am

Hey Tonia,

Yeah it’s a minefield… I recently did some free training put on but the Victorian Government in the area of Commercialisation - getting your product from idea to the marketplace and while I was the first (and only) “comic book” person they’ve ever had… it was worth while and I recommend it to anyone interested in getting comics, t-shirts etc. out into the marketplace. It’s a whole day training and lunch is provided (all free) :)

One of the big topics was intellectual property protection, Copyright, Patents, Logos etc. unfortunately what it all came down to in the end is money. If a big corporation uses your idea and you don’t have the $ to take them to court basically your screwed.
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Postby Demongoldfish on Wed Jun 28, 2006 12:09 pm

well i sure as hell aint gonna be throwing away any drafts or origional copies from now on :P
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Postby Egofreaky on Thu Jun 29, 2006 12:22 am

Hmm, after reading through that, I either drifted off, or they didn't have anything about statutory declerations...
Would having an officer of the peace (i.e policeman) sign a form saying that they witnessed the item being presented to them on such and such a date be considered as legally binding? After all, if you can't trust a policeman to tell the truth hehehe
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Postby Demongoldfish on Thu Jun 29, 2006 12:37 am

you can trust many other people still? lol. man must be a pain in the arse for anyone who constructs their work entierly on computer, comic work or not. digital stuff is very easy to fuck around with when talking about dates and time and what computer was used.
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Postby Anomic on Thu Jun 29, 2006 9:32 am

Hey Ego,

I think these paragraphs sum it up

“Something that is a literary, dramatic, musical or artistic work for copyright purposes will be protected if it is “original”. In copyright terms, it’s not hard for something to be original: it really just means that the work isn’t merely copied from something else.

You do not need to publish your work, put a copyright notice on it, or do anything else before your work is covered by copyright—the protection is free and automatic, from the time a work is first written down or recorded in some way. For example, as soon as a poem is written, or a song is recorded, it is protected” An introduction to copyright in Australia PDF


So stat decs are a waste of time and as I said before a if big company like your idea and were confident enough that they could legally and financially crush you – you can have all the evidence in the world and have all the moral rights but you will lose. This also goes for registering trademarks and logos – the bigger the company the more likely the win, even if they are evil bastards.

Patents are a bit different but very expensive plus China doesn’t necessarily recognise international patent law and patents don’t really apply to comics anyway…

Its all good news for small timers like us, the major point is most big companies would rather buy you out than bury you – and that is the only rock of comfort you have. :)
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Postby Demongoldfish on Thu Jun 29, 2006 11:15 am

i wouldnt be so sure in thinking big companies have nothing to lose or that they are happy to go to court. ive been talking to my old man about this kinda stuff recently [he is in retail property law but it does kinda apply here]

firstly everyone has something to lose and its genneraly in proportion with how big they are financialy. if say DC comics stole your idea you may be worried about loosing money paying court costs and lawers but they have a reputation, with customers and other artists, on the line and if they are making profits and they lose they will be paying up in proportion.

secondly big companies know how daunting they can be to anyone who is small time and they use that to their advantage. take westfield shopping centre for example, they have never gone to court and lost. this is not because they have never been legally wrong, and they just have awsome lawers. its just they will always settle out of court in cases where they know they will most likely lose. this way they can keep their 'never lost a court case' title and scare away people who could potentially beat them.

thirdly dont try to talk law if you dont know it. also dont try to read law if you dont know it. another tactic used by big business is to scare the crap out of you by sending long winded legal letters with big words and threats. this is 90% of the time a bluff. the letters that should really worry you will look like this 'dear mr pearson, see you in court.' they know they can win so they dont need to scare you.

bassicly it all comes down to this. if you know your right dont let them scare you, if you know your wrong then what the hell are you doing? any smart companies will know better than to blantently copy you anyway and will most likely just rip your work off more subtally.

but yea if you ever find yourself in copyright trouble dont take my advice get a lawyer :D
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