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Unread 28-03-2014, 02:12
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Tristan Lall Tristan Lall is offline
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Re: Help Build The Archive!

Quote:
Originally Posted by lanna.stars View Post
I'm not sure how you can call it "work" per se but when it comes to any sort of element of FIRST and online videos and pictures I would be honoured for my stuff to be spread about the community.
If created in the U.S., it's a copyrighted work if it is a creative work of authorship fixed in a tangible medium of expression.

I didn't actually view the allegedly infringing material, so I'm curious: was 1676's footage original (i.e. the video was a creative work by someone on the team1), or was it a direct copy of FIRST's feed? Because if it was a direct copy, no matter how much work you put into making that direct copy, no new copyright exists.2

Quote:
Originally Posted by lanna.stars View Post
Yes the common courtesy is to ask but we also have to remember that WHATEVER is posted on the internet is pretty much free game since there isn't exactly an INTERNATIONAL Cyberlaw that stipulates or mandates anything. Yes there are "Terms and Service Agreements" but how often would they actually hold up in civil court? Keep in mind the team affected the most is currently from the USA and WFN is run by Canadians.
As for the question of whether it's enforceable in Canada, yes, it probably is, if the copyright holder is willing to bear substantial inconvenience. There actually are international treaties that govern copyright that specify procedures for handling foreign copyrights.

Quote:
Originally Posted by lanna.stars View Post
Let's put on our thinking caps and give WFN some realistic solutions they can work with and develop (this isn't going to happen over night folks).
I'm still curious about their intentions, and whether they intended to claim fair use/fair dealing, intended to infringe, or didn't know one way or another.

1 For completeness: or, was the copyright assigned to the team or its representatives (official or unofficial)?
2 There is, of course, ambiguity about what a direct copy is—but the core consideration is that only creativity can create a copyright.
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