AniaR
07-18-2011, 11:03 AM
So, it's been brought up in the poll about mertailor on mer.yuku that he has copyrights in place. This has caused some drama for members before who made their own tails and received threats. You can view the original thread here: http://mer.yuku.com/topic/1103/master/1/?page=3#.TiRKLoL1GSo
Now, Star happened to find 1 copyright that mertailor holds here: http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?SC=Author&SA=Ducharme%2C%20Eric%20Jonathan%2C%201990-&PID=R0qZhaXXmYir1dnDaDDbMHsJ&BROWSE=1&HC=1&SID=18
Here is my response that should better help people to understand that they need not worry:
I think this is hilarious it's on this website because back during the first mertailor drama I linked this very website.
"Basic Latex Realistic Mermaid Tail." is too vague and wont hold up. People have copyrights and patents on a LOT of things (even walking and chewing gum at the same time) it's only ever valid or invalid when it's taken to court and presented to a judge. It's also filed under "sculpture/3-D artwork" which invalid's anything anyone wears! All they have to do it show it's NOT a sculpture or piece of art but a costume! The FAQ this website provides it's pretty good: http://www.copyright.gov/help/faq/faq-general.html#patent
A few points of notice:
"Copyright protects original works of authorship, while a patent protects inventions or discoveries"
This PDF covers some important basics: http://www.copyright.gov/circs/circ1.pdf according to this copyright only protects:
1 literary works
2 musical works, including any accompanying words
3 dramatic works, including any accompanying music
4 pantomimes and choreographic works
5 pictorial, graphic, and sculptural works
6 motion pictures and other audiovisual works
7 sound recordings
8 architectural works
Mermaid tails don't fall under any of those (I dont see clothing, costume, prosthetic, methods, or even pattern) . Please note what copyright does NOT cover as according to that same link:
Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration
Works consisting entirely of information that is common
property and containing no original authorship (for
example: standard calendars, height and weight charts,
tape measures and rulers, and lists or tables taken from
public documents or other common sources)
That last one extends to measuring systems so between the two of those you can't copyright the process of making a mermaid tail, the materials, and the majority of how to make a mermaid tail is "common knowledge" based on the fact that tail makers existed BEFORE during and after mertailor, tutorials can be found online, etc. All of these things would hold up in court should ANYONE try to take someone to court over the copyright claim.
So yeah, when mertailor threatens you with "you're stealing my method for making mermaid tails, your tails look like mine, that's copyright infringement" no, I'm sorry, based on the very copyright registration base he used- he's not covered or protected. The only way this would hold up based on what he's done is if he did indeed make a mermaid tail sculpture and documented it and then someone made the EXACT SAME sculpture and SOLD it. And even THEN the nature of art you could still defend yourself in a court of law based on the fact that they will still have differences.
The things I have listed are also international.
Disclaimer: I in no way represent or replace a legal authority, anyone who challenges a copyright does so at their own risk. I have provided this public information for sharing purposes.
I plan on doing a big thread about copyright and trademark with as much information as I can manage for you all.
Now, Star happened to find 1 copyright that mertailor holds here: http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?SC=Author&SA=Ducharme%2C%20Eric%20Jonathan%2C%201990-&PID=R0qZhaXXmYir1dnDaDDbMHsJ&BROWSE=1&HC=1&SID=18
Here is my response that should better help people to understand that they need not worry:
I think this is hilarious it's on this website because back during the first mertailor drama I linked this very website.
"Basic Latex Realistic Mermaid Tail." is too vague and wont hold up. People have copyrights and patents on a LOT of things (even walking and chewing gum at the same time) it's only ever valid or invalid when it's taken to court and presented to a judge. It's also filed under "sculpture/3-D artwork" which invalid's anything anyone wears! All they have to do it show it's NOT a sculpture or piece of art but a costume! The FAQ this website provides it's pretty good: http://www.copyright.gov/help/faq/faq-general.html#patent
A few points of notice:
"Copyright protects original works of authorship, while a patent protects inventions or discoveries"
This PDF covers some important basics: http://www.copyright.gov/circs/circ1.pdf according to this copyright only protects:
1 literary works
2 musical works, including any accompanying words
3 dramatic works, including any accompanying music
4 pantomimes and choreographic works
5 pictorial, graphic, and sculptural works
6 motion pictures and other audiovisual works
7 sound recordings
8 architectural works
Mermaid tails don't fall under any of those (I dont see clothing, costume, prosthetic, methods, or even pattern) . Please note what copyright does NOT cover as according to that same link:
Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration
Works consisting entirely of information that is common
property and containing no original authorship (for
example: standard calendars, height and weight charts,
tape measures and rulers, and lists or tables taken from
public documents or other common sources)
That last one extends to measuring systems so between the two of those you can't copyright the process of making a mermaid tail, the materials, and the majority of how to make a mermaid tail is "common knowledge" based on the fact that tail makers existed BEFORE during and after mertailor, tutorials can be found online, etc. All of these things would hold up in court should ANYONE try to take someone to court over the copyright claim.
So yeah, when mertailor threatens you with "you're stealing my method for making mermaid tails, your tails look like mine, that's copyright infringement" no, I'm sorry, based on the very copyright registration base he used- he's not covered or protected. The only way this would hold up based on what he's done is if he did indeed make a mermaid tail sculpture and documented it and then someone made the EXACT SAME sculpture and SOLD it. And even THEN the nature of art you could still defend yourself in a court of law based on the fact that they will still have differences.
The things I have listed are also international.
Disclaimer: I in no way represent or replace a legal authority, anyone who challenges a copyright does so at their own risk. I have provided this public information for sharing purposes.
I plan on doing a big thread about copyright and trademark with as much information as I can manage for you all.