Content Creation Copyright: The Fickleness of the Internet

[Cory]

Face it, we've all been there where the copyright of one's work can be a very fickle thing to dictate what all belongs to them and does not on message boards. People often claim you can or cannot do this with people's creations. How seriously do you take copyright, and have you run into situations where you had to get the forum software owners involved or perhaps to an even greater extent, the law involved when it comes to copyright matters?

Feel free to share any stories you have about copyright issues here and how you deter them.

 

[joelr]

Are you talking from the perspective of the copyright owner, or the website owner that is hosting the item?

 

[Nomad]

I take copyright issues very seriously, If I did not create the content and if I don't have to rights to use the content, I never use it. I also do not allow people to copy my content. I have filed DMCA (digital millennium copyrights act) multiple times over the issues of content theft.

 

[Old Nick]

What content on a forum could be considered a work and therefore involve copyright?

We discussed the subject a little with @Tracy in his discussion about AI robots that pump the content of a forum for their own purposes. https://admin-junkies.com/threads/dont-want-to-give-free-content-to-the-ai-bots.6604/

But thinking about it, I now ask myself: "Really, what can be considered a creation on a forum that involves copyright? ”

I believe that nothing, or almost nothing, can be qualified as a work or creation by a member on a forum. Maybe a poem, song lyrics, a photo? Yes, but if it's original, if it's a personal creation, will you post it on a public forum open to all digital winds?

If, on the other hand, your forum is intended for artists, writers, poets, photographers, creators of digital works then you must clearly indicate the use of their content by the administrator.

Finally, I think a forum is not an appropriate place to publish content whose intellectual property or copyright you could claim.

 

[MrDawn]

I take copyright issues very seriously,

Likewise, those can get ugly. I've heard the horror stories about the lawsuits.

 

[Tracy]

I believe that nothing, or almost nothing, can be qualified as a work or creation by a member on a forum. Maybe a poem, song lyrics, a photo? Yes, but if it's original, if it's a personal creation, will you post it on a public forum open to all digital winds?

Here is are a few classic ones that are easily covered by copyright.

https://astrowhat.com/articles/setting-up-a-pc-with-n-i-n-a.18/
https://astrowhat.com/articles/setting-up-an-orange-pi-3-lts-with-ekos-indi-kstars.11/

Technically, ANY post you make can be covered by the literal understanding of copyright (here in the U.S.).
Copyright does NOT protect facts, ideas, systems, or methods of operation, although it could protect the way those things are relayed/expressed.

BUT (and there is always a BUT). The original author starts out with copyright, but they can give permanent use of that information to others.
And THAT is where the little blurb of

By submitting content to this website, you are granting Astro What? a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You retain copyright over the Content.

comes into play. Just because the user may be to busy/lazy to read what they are acknowledging to abide by is not anyone else fault. They agreed to it. And copyright does not mean (under the above terms) you can get mad and order the site to take it down because you own the copyright to the material, as the person granted a clearly acknowledged right of the royalty-free perpetual irrevocable use of it.

 

[Cory]

Are you talking from the perspective of the copyright owner, or the website owner that is hosting the item?

It is more about the copyright owner, but both can apply in different instances.

 

[joelr]

If you're the copyright owner:

• First off, you have to actually register your work with the US copyright office. The copyright office will record the ownership of the work. Just because you post something, draw something, create something - that by itself doesn't automatically assume copyright.
• Second off, you need to actually enforce it. Which means to file a lawsuit in US federal court to enforce your rights.

Keep in mind that this only applies copyright within the United States.

When people talk about DMCA, this provides a method for owners of copyrighted material under US law for a process to have copied content be removed.

To go back to the OP, forum software owners (like Xenforo) could care less about copyrighted content on one of their client forums. This is sort of like asking if Microsoft cares if a user uses Microsoft Word or Excel to copy something.

 

[Tracy]

First off, you have to actually register your work with the US copyright office. The copyright office will record the ownership of the work. Just because you post something, draw something, create something - that by itself doesn't automatically assume copyright.

Only if you are going to use it as a basis for a lawsuit here in the US. Copyright "rights" do not require registration anywhere, which is a common misconception.
Direct from the US Copyright office

While many people believe that you must register your work with the U.S. Copyright Office before you can claim a copyright, no registration or other action in the Copyright Office is required to secure a copyright. A copyright is secured automatically when the work is created, as long as the work contains a sufficient degree of originality, and a work comes into being when it is fixed in a “copy or a phonorecord for the first time.” This is consistent with the Berne Convention, which states that the “enjoyment and exercise” of copyright “shall not be subject to any formality.”

Although registration with the Copyright Office is not required to secure protection, it does provide a number of benefits:

• Registration establishes a public record of the copyright claim.
• Registration is necessary before an infringement suit may be filed in court (for works of U.S. origin).
• If made before or within 5 years of publication, registration establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the registration certificate.
• If registration is made within 3 months after first publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

To register a claim to copyright with the U.S. Copyright Office, the claimant must: (1) submit a properly completed application; (2) pay a nonrefundable fee; and (3) deposit the required number of copies of the works to be registered.

o go back to the OP, forum software owners (like Xenforo) could care less about copyrighted content on one of their client forums. This is sort of like asking if Microsoft cares if a user uses Microsoft Word or Excel to copy something.

Again, not exactly true. Violations of law (which copyright can be one) can result in the loss of your XenForo license.

You are solely responsible for ensuring that Your Content and Your use of the Software complies with all applicable legislation and regulations, including but not limited to all applicable Data Protection and Privacy legislation.

You undertake to ensure that the Software is not used by You or others to engage in or promote: illegal activity; any activity that would violate the rights of third parties; defamation, discrimination, harassment, hatred or harm of third parties.
..........

XenForo Limited reserves the right to revoke Your License to use the Software should any of the terms of this Agreement be violated. In the event that We revoke Your License for a violation of this Agreement, no refund will be granted.

But honestly, to get them to act on something like this would probably require the publicity that MyMilitia got and the associated IPS response.

 

[joelr]

But honestly, to get them to act on something like this would probably require the publicity that MyMilitia got and the associated IPS response.

Even if XF or IPS revoked your active license won't stop you from still using their software.

There are dozens of nulled XF sites floating around everywhere.

 

[Tracy]

Even if XF or IPS revoked your active license won't stop you from still using their software.

There are dozens of nulled XF sites floating around everywhere.

No... same way that committing murder is against the law. It doesn't stop it. But there are legal avenues that can be taken for both copyright infringement and murder.
BTW, being convicted of murder doesn't stop those from committing more. I saw several cases of that with my time with Texas Dept. of Corrections and also dealing with a few in the real world after they were released while working in law enforcement.

Reporting violations of the license can have real world results - that being a license revocation.

 

[Darth Cognus]

I'd be more fussed about big entity copyright holders or a sufficiently litigious individual putting you personally on the hook which can have far more impactful consequences on your freedom in a worst case scenario than Xenforo saying 'we shredded your license'.

And this is the heart of it. You can get away with a lot informally but that doesn't nullify the chances of major copyright holders knocking on your door, and if you do risk it you'd better hope you respond quickly, don't piss off anyone too major who wants to take it further and wrap it up properly. Generally this will cover issues if your community isn't straight up based on infringement of movies or something. I don't like to fuss about it personally and I'm willing to let quite a bit go, but fair use is a defense proven in case law and I'd rather not be the one pilloried to make the case. If there's a credible claim, just take care of it, and try not to let yourself end up in that kind of situation in the first place. For most niches I don't think this is really an issue.

 

[Cory]

For most niches I don't think this is really an issue.

I run a resource board where user's resources have their name written on it, but that doesn't stop people from ripping or making major modifications.