Legal
Information: also - copyright
information and law.
Last Updated - 07.28.06
- subject to periodic updates without notice
Legal Notes:
Spyder-Studios, Graphic Design by Spyder, Wicked
Website Design or any other related entity does not assume responsibility
for content of your or any of your
affiliates websites due to connection thru our banner or traffic/link exchanges.
WWD simply provides a means of advertising and design services for thousands
of websites and users, but in no way assumes any responsibility for website
content. Banners will be screened for innapropriate content,
so this should not be an
issue. WWD reserves the right to remove any banner or user from the system
[without refund] for any of the following reasons: Users website/banner
contains innapropriate
content, to see what is deemed innapropriate please read FAQ. - Users banner
or website is not loading or has been edited to contain innapropriate content
after joining. - for guaranteed hit's sales, we will just set your site to
[waiting] so you will not loose all your purchased hit's if your
server goes down. For
banner clients - If your server goes down, your banner will show as a dead
image/alt link, if this is not corrected within a few days, we
will suspend your account.
This can be avoided by not moving your banner from its location on your server
during your campaign. for featured ad purchases, this will not be an issue,
because we host your banner/image, so it will show all the time,
until the campaign time
limit has expired. All sales are final, if your website was declined by surf-blaster
or your banner was declined due to content or any other reason, this does
not obligate Traffic-Grabber to refund all or any payment to
any person[s]. Traffic-Grabber.com,
Traffic-Grabber.net, Surf-Blaster.com, Premium Promotion, Graphic Design
by Spyder, Professional Design, www.rodneydubbs.com, and all
other related entities are
part of Traffic-Grabber Inc. all rights are reserved, and we own and retain
all rights related to content of our pages, all images, artwork,
flash and all other
created and maintained by said entity. All images, artwork, templates, flash
etc. are property of Traffic-grabber Inc., and may not be copied, saved,
downloaded, embelished, reproduced, borrowed, leased or used
for any purpose without strict
consent of Traffic-Grabber Inc. These images and articles in discussion are
related to and created by Traffic-Grabber Inc., this does not
include added material
to site thru scripted links, banners or any other member added content. We
[meaning all related entities as stated above] do not take any
responsibility for any
content which we did not create, whether it shows on this website or elsewhere
in our network, any similarity is coincidental and we hold no liability of
said which may pertain to any image or other type of data used within the
realm of
our services.
What is copyright all
about?
A Copyright
is a form of protection provided by the laws of the United States
to authors
of "original works of authorship," including
literary, dramatic, musical, artistic, and certain other intellectual
works.
This protection is
available to both published and unpublished works. Material not
protected by copyright (or otherwise protected)
is available for use by anyone, without the author's consent. On
the other hand, an author of a copyrighted work may prevent others
from copying, performing or otherwise using the work without the
author's consent.
Copyright is a form
of protection provided by the laws of the United States (title
17, U.S. Code) to the authors
of "original
works of authorship," including literary, dramatic, musical,
artistic, and certain other intellectual works.
This protection
is available to both published and unpublished works.
How much new
art is truly original? Author(s): Michelle Kaminsky
A new song we're listening
to or a new book we're reading often reminds us of something we've
heard
or read
before. In the case of
so-called "appropriated art," our cases of déjà vu
are right on. Appropriated art is when an artist "borrows" another
artist's copyrighted work to create something new.
But, is this legal?
A federal district court in New York had to battle with this very
question. The source of the controversy was a work by feminist
artist Barbara Kruger. Kruger is famous for her collages that combine
photographs
and words. The work in question is a cropped image by the German
photographer Thomas Hoepker. Hoepker's photo of his friend Charlotte
Dabney shows her holding a magnifying glass over her right eye.
Kruger added her signature red block lettering over the image: "It's
a small world but not if you have to clean it." Hoepker's original
photograph was entitled "Charlotte As Seen By Thomas." The
photograph had been published once in 1960 in the German magazine "Foto
Prisma." Kruger created her untitled work in 1990.
She then
sold it to the Los Angeles Museum of Contemporary Art. The museum
featured it as part of a larger Kruger exhibit. The exhibit then
showed for three months at New York's WhitneyMuseum. In 2000,
Hoepker sued Kruger, her dealer, and the museums that had shown
the work.
The basis for his claim was copyright infringement. Dabney joined
Hoepker in his suit and sued Kruger for violation of privacy.
The court dismissed both claims. However, the court also explained
both
decisions. Under the law at the time, Hoepker's copyright on
the photograph was for 28 years. This meant the photo of Charlotte
fell
into the public domain in 1988. Kruger's 1990 creation was therefore
lawful. Then, in 1994, Congress extended copyright protection
to foreign works that had come into the public domain. This law
offered
95 years of protection from the time of creation. Under the revised
1994 law, Hoepker's photograph is copyrighted until 2055. This
seems to move Kruger to the guilty side of the ledger. Well, not
quite.
In the legislation, Congress anticipated those like Kruger who
had relied on the old public domain law. Kruger was only subject
to infringement
actions if the copyright owner (Hoepker) notified her that the
protection is reinstated AND she continued to use the copyrighted
piece after
one year. And Hoepker never notified Kruger about his restored
copyright. So, the court ruled that he had no claim against her.
Kruger's case
is a well-known example. The bulk of potential copyright infringements
about images and photographs probably occur on a more basic,
everyday level.
Thanks to the internet
and image-manipulating software like
Adobe Photoshop, the art of appropriating has gotten much easier.
Even major museums that want to digitize their collections
must consider copyright ownership before reproducing images. To
battle
infringement,
many museums encrypt images. This allows users to view the
images but not to download them. Other common prevention measures
include
the use of low-resolution images, the "burning" of contact
and copyright information directly onto the images, the use of watermarks,
and software that disables the right-click or fragments downloaded
images. With the passage of the Digital Millennium Act of 1998, the
net of potential copyright infringers has widened.
Now, you can sue
the infringing individual and the internet service provider
if it fails to immediately remove the offending material. The Kruger
case
involved special copyright circumstances. However, there
are some basic things to keep in mind about copyrights: An original
work is
protected for the life of the creator plus 50 years before
it enters the public domain. For older works, rules differ, so
check to see
what law applies to the time of copyright. Copyright protection
is automatic. The advantage to registering a copyright is that
you may
be able to sue for damages exceeding monetary loss. So don't
treat unregistered copyrights as part of the public domain. The
test for
copyright infringement is "substantial similarity."
Basically,
would another viewer recognize the work as a partial or
entire copy? This is shaky ground, so don't rely on this for a
defense. The fair
use doctrine allows borrowing another's copyrighted work "for
purposes such as criticism, comment, news reporting, scholarship
or research." But there is no magical percentage for
acceptable use. Keep in mind that using someone else's
work for commercial purposes
tends to be unfavorably received in the courtroom
If you're
thinking about using someone else's copyrighted work,
you might want to protect
yourself by consulting an intellectual property attorney.
Few artists
(and no judges) will accept the defense that "imitation is the
sincerest form of flattery."
Question still
not answered? Contact support.
Click the [contact] button listed above in the navigation bar, from
here there are several ways to contact our support staff, e-mail
links for all departments, and even customer service MSN Messenger
contact information, so you can chat with support in real time
in an instant window. We are here to help, and we'd like to make
it as easy as possible for you to contact us. Our contact information
is listed at the top of this page.
Legal Notes 2:
Custom Banner Creators, Graphic Design by Spyder,Wicked Website Design
or any other related entity does not assume responsibility for content
of your or any of your affiliates websites due to connection thru
our banner or traffic/link exchanges. CBC simply provides a means
of advertising and design services for thousands of websites and
users, but in no way assumes any responsibility for website content.
Banners will be screened for innapropriate content, so this should
not be an issue. WWD reserves the right to remove any banner or user
from the system [without refund] for any of the following reasons:
Users website/banner contains innapropriate content, to see what
is deemed innapropriate please read FAQ. - Users banner or website
is not loading or has been edited to contain innapropriate content
after joining. - for guaranteed hit's sales, we will just set your
site to [waiting] so you will not loose all your purchased hit's
if your server goes down. For banner clients - If your server goes
down, your banner will show as a dead image/alt link, if this is
not corrected within a few days, we will suspend your account. This
can be avoided by not moving your banner from its location on your
server during your campaign. for featured ad purchases, this will
not be an issue, because we host your banner/image, so it will show
all the time, until the campaign time limit has expired. All sales
are final, if your website was declined by surf-blaster or your banner
was declined due to content or any other reason, this does not obligate
Traffic-Grabber to refund all or any payment to any person[s]. Traffic-Grabber.com,
Traffic-Grabber.net, Surf-Blaster.com, Premium Promotion, Graphic
Design by Spyder, Professional Design, www.rodneydubbs.com, and all
other related entities are part of Traffic-Grabber Inc. all rights
are reserved, and we own and retain all rights related to content
of our pages, all images, artwork, flash and all other created and
maintained by said entity. All images, artwork, templates, flash
etc. are property of Traffic-grabber Inc., and may not be copied,
saved, downloaded, embelished, reproduced, borrowed, leased or used
for any purpose without strict consent of Traffic-Grabber Inc. These
images and articles in discussion are related to and created by Traffic-Grabber
Inc., this does not include added material to site thru scripted
links, banners or any other member added content. We [meaning all
related entities as stated above] do not take any responsibility
for any content which we did not create, whether it shows on this
wqebsite or elsewhere in our network, any similarity is coincidental
and we hold no liability of said which may pertain to any image or
other type of data used within the realm of our services.
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