Would that patent be called a registered trademark (R) ?
David Parenteau <kitfox_at_firstlight.net> wrote on 10/24/03 12:51:14 AM:
>
>Said time and time again...
>
> You Cannot Copyright a Character. Period. Not possible. Copyright law
>does not cover characters.
>
> You can TRADEMARK, or PATENT a character for use in specific trade
>situations, or as an idea as a whole, however that requires specific
>registration of the character description and likeness.
>
> Copyright covers the permission or lack thereof to reproduce a given "Work".
>
>"Copyright protection subsists, in accordance with this title, in original
>works of authorship fixed in any tangible medium of expression, now known
>or later developed, from which they can be perceived, reproduced, or
>otherwise communicated, either directly or with the aid of a machine or
>device.
>
>"In no case does copyright protection for an original work of authorship
>extend to any idea, procedure, process, system, method of operation,
>concept, principle, or discovery, regardless of the form in which it is
>described, explained, illustrated, or embodied in such work." (US Copyright
>Law)
>
>A picture of Natasha is Copyrighted, and may not be reproduced, displayed,
>or have a derivative work created without permission. (Please note: To
>qualify as a derivative work means that the plushie of Natasha would have
>to be precisely identical in pose, look, composition, etc, as the original
>piece of art. If you cannot take said plushie, take a picture of it,
>compare said picture to a pre-existing graphic, and say "They are precisely
>identical", then it is not a derivative work.)
>
>The CONCEPT of Natasha as a character, however, is not copyrighted, and is
>not copyrightable. A specific description of her can be copyrighted, though
>that means the text of the description itself is, not the ideas and
>concepts behind it.
>
>So, 99% chance or greater that the plush is not a copyright
>violation. ALSO noteworthy, damages cannot be sought unless the copyright
>is REGISTERED. Otherwise only a C&D is applicable. (Registering a copyright
>on a piece of art requires form VA or Short form VA, and is a $30 fee.)
>
>Summary:
>A character cannot be copyrighted.
>The artist can't do much about it legally anyway... HOWEVER...
>
>That brings us to the other side of the coin...
>
>Just because a character cannot be copyrighted, and there is no legal
>recourse for the creator of the character under almost all circumstances,
>it is important to point out that ASKING is the best practice, as is
>honoring a No if that is the answer.
>
>Among other things, there are MANY recourses that exist other than Legal
>ones... and NONE of them are good.
>
>Want a shining example? Find for me 10 furry pictures on the internet by
>Joseph D Nye. Pretty ruddy tough, ain't it? J Nye was a pretty darn good
>artist who was burned by people stealing his work. So, he up and
>left. Pulled his work off the net, and Poof! Gone.
>
>Now, think, how many people would be slightly annoyed if Jim pulled his
>work, and stopped making any more? Do you think they would blame Jim,
>though? Oh, nonononono... They would blame the idiot or idiots who pissed
>Jim off enough to make him leave... And the sight would NOT be at all
>pretty if they ever FOUND those idiots in real life.
>
>And this applies to ANY artist, or even any individual.
>
>And seriously, even if the person has no weight to pull that way, it's
>simple courtesy to ask first. People work hard on their creations, and
>even though they can't protect all of them with threats or weight, you
>should respect that work. How would you like it if somebody screwed with
>something YOU created or were proud of? You'd probably want to kill
>them. You don't like the feeling of that desire. Neither does anybody else.
>
>Best to ask first. Keeday?
>
>But also, best to not wave around fictitious "Character Copyrighted By" or
>other threat flags. Too much waving of those flags means that the entire
>rights issue is built on the wrong foundation.
>
>If people THINK they can be sued, they won't do it. BUT, when they find out
>they CAN'T be, they -WILL- do it.
>
>However, basing the right on respect, and on being an intelligent person
>and doing the right thing... There is no workaround for that, and it builds
>the bonds much more strongly.
>
>So, just think... Can he sue me, or do anything legally? Nope. BUT... Can
>my actions cause very bad things to happen to thousands of people? Yes,
>they can. And unless you are a terrorist, that is probably not a palatable
>thought to you.
>
> Keep Well,
>
> - Kit
>
>Yes, this message is copyrighted, and by Me. It is not registered, so no,
>I cannot sue you if you copy it. HOWEVER, as the copyright owner, it is my
>prerogative to state that this message is released for reproduction, and
>may be copied, distributed, and otherwise reproduced WITH NO MODIFICATIONS.
>(Ie, Derivative Works may not be created.) Pass it out wherever you like,
>with the entire thing intact (Including this notice at the bottom.)
>
>
>
>
>
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Received on Fri Oct 24 2003 - 03:04:30 CDT