Copyright Infringment in Design Contest!

[HiirNoivl]

I won't be voting on either of these. Shame, shame.

[Alhanelem]

Actually, I do have a clue about copyrights, and I'm not mixing anything up, but thanks for being insulting anyway.

A trademark is a symbol, logo, or image associated with or owned by a company. A mark of trade, hence the term trademark. That's not what we're talking about here, so I don't know where you got the idea I was "confusing" that.

In fact, what we are really dealing with here is better described as plagiarism.

1. If you create an unique/not existing Design, you are automatically the owner of the Copyrights/Intellectual Property.

This "owner" is commonly said to be the "copyright holder", which I described before.

2. It is obvious that the said Design was a Copy, since you can find the same Design/Same Colors with Google.

A link to a similar looking image on google would not hold up in a court of law. You need to know who holds the copyright and provide them proof that it was infringed on so that they can pursue a case against the infringer.

3. As the Creator you are granted exclusive rights, for example publish the Design as your own or sue in case of deceptive copying.

No crap sherlock, I know this. But thanks for the unnecessary lesson. In the situation you describe,, it is up to the holder of the copyright to exercise his rights and bring a case against the infringer.

4. SE asked for a Design which is unique and does not hurt copyrights of anyone else, beside allowed Stuff from SE.

Yes, they did. It's up to them to either decide someones rights may be being infringed on, or up to the copyright holder to complain to SE to get the entry pulled. One of those two things needs to happen. somebody making a ruckus on a forum saying "this ring looks like that one!" is not really sufficient grounds for that. However, if someone wants to provide some real actual proof, or if the copyright holder wants to stop up, either of those parties should be contacting SE directly, not making a scene on a discussion forum.

5. It does not matter who created the Ring first, it matter THAT it allready exist and can be proven, so whoever made that entry can obviously not claim to be the owner/designer

This sentence is a bunch of garbledygook that doesn't make any sense. "it doesn't matter who made it first that it already exists" What? try making some sense before you attack others. It does matter "who made it first." Who made it first is the copyright holder.

You don't seem to udnerstand that copyrights are exercised by the holder of those rights. I can make an original piece of work and reserve all rights, disallowing anyone to do anythign with it. Or I can not use my rights at all, and let anyone do whatever they want with them. Beyond that, copyright law varies by country, and the laws of your country may not be the same as of mine.

So... who's the one who doesn't know anything about copyrights now?

[Nero]

Actually, I do have a clue about copyrights, and I'm not mixing anything up, but thanks for being insulting anyway.

In fact, what we are really dealing with here is better described as plagiarism.

This "owner" is commonly said to be the "copyright holder", which I described before.

A link to a similar looking image on google would not hold up in a court of law. You need to know who holds the copyright and provide them proof that it was infringed on so that they can pursue a case against the infringer.

No crap sherlock, I know this. But thanks for the unnecessary lesson. In the situation you describe,, it is up to the holder of the copyright to exercise his rights and bring a case against the infringer.

Yes, they did. It's up to them to either decide someones rights may be being infringed on, or up to the copyright holder to complain to SE to get the entry pulled. One of those two things needs to happen. somebody making a ruckus on a forum saying "this ring looks like that one!" is not really sufficient grounds for that. However, if someone wants to provide some real actual proof, or if the copyright holder wants to stop up, either of those parties should be contacting SE directly, not making a scene on a discussion forum.

This sentence is a bunch of garbledygook that doesn't make any sense. "it doesn't matter who made it first that it already exists" What? try making some sense before you attack others.

So... who's the one who doesn't know anything about this now?

That is such Nonsense.

1. Plagiarism is ONE form of copyright violation. As i said before, if i would be fluent in english i would go into Detail here.
2. It was not a "similiar" looking Picture, it is in fact identical. Not only in shape also in Color.
3. It is proof enough to show a identical allready existing design, to claim that the person who made the entry is not the copyright holder, which would disqualify that person allready.
4. It is nearly impossible that the original copyright holder would know about this content and would make tell SE to pull it out, unless he plays himself. That is the reason why there was an Agreement in the Content people agreed with. And especially the copyright part WAS WRITTEN IN CAPS, why do you think SE did that? Because SE is aware of the fact that certain people will ignore it and so they also said, if that will happen the Account can be suspended or banned. Right now people are showing SE that the said Design allready exist, or do you except the SE-Team to check every Ring on millions on different websites if it allready exist? People figured it, showed it to SE, now its on SE to decide what to do.

simply fact what the person did: Copied an allready existing Design. hurts copyright of "some person", if this person agree's with this or not, is way beside the Point. It was simply breaking the Rules of the Content.

[Alhanelem]

2. It was not a "similiar" looking Picture, it is in fact identical. Not only in shape also in Color.

I don't care how identical it is. Wether or not an infringement is taking place is not the issue here.

You need not go into any detail, regardless of your English knowledge. I arleady throughly understand the issue. You clearly don't understand what i'm trying to get at here. You seem to think I'm defending the act taking place here, but I'm not.

simply fact what the person did: Copied an allready existing Design. hurts copyright of "some person", if this person agree's with this or not, is way beside the Point. It was simply breaking the Rules of the Content.

That's fine, but it's not up to you to enforce the rules of the contest. It is up to SE to enforce its own rules and/or up to the copyright holder to exercise his rights. You can notify SE if you want, but this forum is not the best way to do that, as I've already pointed out multiple times. If SE decides that someones rights are being violated, I'm sure they will disqualify that entry.

A friend of mine made me a sculpture of a character from a Final Fantasy game. Technically, this is a copyright violation, because SE owns all the rights to those characters. However, it's up to SE to decide they're bothered by it and to tell me to destroy it / not make any more likenesses to their characters. A copyright holder can decide that they are not in fact bothered by someone's use of their work and allow it to pass if they so desire.

[Randelmire]

It is up to SE to enforce its own rules and/or up to the copyright holder to exercise his rights. You can notify SE if you want, but this forum is not the best way to do that, as I've already pointed out multiple times. If SE decides that someones rights are being violated, I'm sure they will disqualify that entry.

Actually I'm happy this was posted on the forums.

You know very well what SE do when players report RMTs..... almost nothing. We don't even know if the message sent to support will reach the people taking care of the contest.

At least, if it's posted on the forums and people are aware of it, they can give their vote to more original designs.

[Rubieus]

A friend of mine made me a sculpture of a character from a Final Fantasy game. Technically, this is a copyright violation, because SE owns all the rights to those characters. However, it's up to SE to decide they're bothered by it and to tell me to destroy it / not make any more likenesses to their characters. A copyright holder can decide that they are not in fact bothered by someone's use of their work and allow it to pass if they so desire.

I wanted to point out that I believe this is untrue, unless I am mistaken and my art teacher is in a whole hurt of trouble, a person may use copyrighted/trademarked property as an educational tool or for personal use as long as no profit or gains are to be made. Fanfiction, cosplay and similar art forms all fall under this category.

[Alhanelem]

I wanted to point out that I believe this is untrue, unless I am mistaken and my art teacher is in a whole hurt of trouble, a person may use copyrighted/trademarked property as an educational tool or for personal use as long as no profit or gains are to be made. Fanfiction, cosplay and similar art forms all fall under this category.

Actually, SE can still cease and desist people making fan art if they want to. They simply choose to allow it / ignore it. If you called up SE and asked for permission to make a model of one of their characters (or whatever else), they would say "no, we don't grant permissions to individuals." (Believe me, I've tried). However, because fan art is usually good publicity for them, they generally do not pursue action against anybody unless they are profiting off it.

However, you don't have to make money to violate a copyright. < this is very important. Copyright violations are not defined by money changing hands.

If you are not defending it, what are you doing?

I'm explaining the proper course of action to take. Pointing fingers on the forums is not that proper course.

Exactly.. and a good example. So we kind of agree about the copyrights, but you would go a different way to direct it to SE?!

Do i get that right?

Yes. specifically, to the person(s) responsible for the contest and enforcing its legalese.

[Punainen]

I wanted to point out that I believe this is untrue, unless I am mistaken and my art teacher is in a whole hurt of trouble, a person may use copyrighted/trademarked property as an educational tool or for personal use as long as no profit or gains are to be made. Fanfiction, cosplay and similar art forms all fall under this category.

Actually, this isn't always true. Copyright law is not so straightforward. Here's a video that explains some of the ins and outs: http://www.youtube.com/watch?v=xKBsTUjd910

[Nero]

I don't care how identical it is. Wether or not an infringement is taking place is not the issue here.

You need not go into any detail, regardless of your English knowledge. I arleady throughly understand the issue. You clearly don't understand what i'm trying to get at here. You seem to think I'm defending the act taking place here, but I'm not.

If you are not defending it, what are you doing? Because you are right, i thought you are defending it.

That's fine, but it's not up to you to enforce the rules of the contest. It is up to SE to enforce its own rules and/or up to the copyright holder to exercise his rights. You can notify SE if you want, but this forum is not the best way to do that, as I've already pointed out multiple times.

Of course there is a better way as in writing an E-Mail to the Support-Center. Pointing it out, giving out Infos about it, giving out Links etc. But of course also people do it on the Forum to point it out, which is not a bad idea. Especially with all those Grass-Threads and Stuff, i dont think this Thread is actually a worse one.

A friend of mine made me a sculpture of a character from a Final Fantasy game. Technically, this is a copyright violation, because SE owns all the rights to those characters. However, it's up to SE to decide they're bothered by it and to tell me to destroy it / not make any more likenesses to their characters. A copyright holder can decide that they are not in fact bothered by someone's use of their work and allow it to pass if they so desire.

Exactly.. and a good example. So we kind of agree about the copyrights, but you would go a different way to direct it to SE?!

Do i get that right?