Monday, October 24, 2011

What fresh Hell is this?

Intellectual Property (IP) is a term referring to a number of distinct types of creations of the mind. Intellectual Property laws gives the original creator of original works exclusive rights. Common types of Intellectual Property rights include copyrights, trade marks, service marks, patents, design rights and trade secrets.

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8 comments:

Anthropomorphica said...

It never rains but pours!

your fan said...

good luck sweetie!

Harold Roth said...

You can't copyright words or phrases like this. They have to be trademarked instead, and they can be trademarked only for a specific purpose. Check it out:

http://www.uspto.gov/trademarks/basics/index.jsp

Lady Lavona said...

Thanks for the feedback regarding the legalities. You are not entirely accurate, however, I sorted it out and edited my post!

love and magick,
Lady Lavona

Harold Roth said...

Except that won't do you any good if you try to stop them from using them, unless Etsy is going to stick their nose in with their own rules. The laws are different depending on what a person claims is intellectual property. Legally, though, if you get these words/phrases trademarked (which I grant you, is danged expensive), you will be able to sue someone who uses them in the same context. If you don't get them trademarked, the most you can do is challenge them if THEY try to get them trademarked, and only if they are getting a trademark for the same use you are using them for (so for example "Come to Me" Body Lotion is going to have a different trademark than "Come to Me" car wax). If someone were copying your content, you could get their webhost to dump them, but for something like this? You have no legal standing, so they won't do anything.

I have my own content registered copyright but didn't trademark anything. Then someone saw what I was doing and decided to copy it using a phrase I created, only she slapped a trademark symbol after it. But she did not actually trademark the phrase. So what she did doesn't mean squat in terms of who owns the trademark. No one does. If I decided it was worth trademarking tomorrow and registered it, even if she challenged my trademark, she would lose, because I used it "in the wild" first. So sometimes it isn't worth the bother to trademark. Most of the time, in fact, it is pointless unless you are talking about many thousands of dollars. Copyright is a whole different story. If you register your copyrighted material (and these words and phrases could not be copyrighted--not long enough), then you would be able to sue not only for what you lost as a result of someone else stealing your content, but for damages as well, which would usually be a lot more. I looked in to all this because my content has been copied quite a bit. It's the wild west out there in terms of folks stealing intellectual property--and even arguing there should not be any such thing. 'Course, they are exactly the ones who never CREATE any. :)

Best of luck.

Lady Lavona said...

Harold,

Copyright for published work is cut and dry. The owner has copyright for life. To be exact; Life of the author plus 70 yrs. For example the Occult publisher, Ouroboros Press(http://www.bookarts.org/) reproduces books of antiquity with permission from the author because the author kicked the bucket and the copyright has long since expired.

The same rules apply to work published online because it's "published". Unfortunalty peiople can get in trouble because of failure to site the origins or downright plagerism. "The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include new s stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer."

Artistic works are automatically protected by copyright once something tangible is produced i.e. art, music, film.

http://mason.gmu.edu/~montecin/copyright-internet.htm

It's not as hard as it seems to protect yourself from plagerists in a land of mediocrity.

Best,
Lavona

moon sis said...

Come back sister moon.

Lou Lou & Mr Chow said...

We only found your blog today....such a fascinating read. We really hope you continue to post xx