In reference to yesterday’s discussion, I have created this model to notify people:-)
I don’t have an ebay account, but for those who do, please report. The person doing this didn’t even bother to read/grok the CC licensing info, just figures online = public domain ?!
You have to file a copy write law suit, if your model is significantly distinct, you may be able to ask for just compensation, however if you uploaded it to a group to share, you may have lost all copyrighted claims.
A cad model can be a work of art, so long as it is uniquely your own production from your own inspiration.
But the law also requires you to protect your creation, I would seek a trade mark protection instead, under a trade make protection you can force unauthorized users to pay you, and a trade mark, can be anything as can a work of art!
Also a Cad model is just a computer program and can be a work of art as a digital art work if sufficiently different from other creations no court ruling is required for claiming work of art.
Your entire case would depend on if you took appropriate action to protect your creation, or if you legally intended to share it without protection.
The CC licensing is fairly clear @Carroll_Sanders … It’s not legally binding?
You seriously should contact a lawyer about this imho. You have licensed your work under an NC creative commons license. IANAL but that should make it explicitly not “public domain”, it does have a license and it is a license with explicit restrictions. It sets a dangerous case of precedence to let that guy get away with this.
I’ve issued a DMCA notice to eBay (which I believe is the right first step). Sad Face was created to inform others and hopefully if enough people complain to eBay, the offenders can be helped to understand what they are doing is not right.
@Alexander_Gryson True but the fact, the laws are complex, the issue is one of intention, to distribute.
Did the Author intend to distribute the work, in a way that jeopardized it, if show they failed to protect the work.
EBay does not enforce copyright infringement, unless you can prove authorship, and copyright.
I have also informed Thingiverse in addition to creating Sad Face.
Very good. I wouldn’t count on that asshole only needing a bit of help to see the light though - from how they phrased their reply to you it sounded more like they were counting on you getting scared/disheartened into complying. And yes, I do get extremely pissed off when people try to cash in on the hard work of others and piss on licenses in the process. So sorry for the French.
@foosel Oh they are rude, entitled and ignorant. Fortunately, I don’t scare easily and know BS when I see it:-) I do have a temper though, so I am going to reward myself with some nice chocolate today, for remaining as calm and professional as I can and following procedure as best I know how. I do want to see what eBay is going to do first, given I am following their guidelines.
Sad Face is my way of informing other makers. In truth, everyone is responsible for for their own work but Sad Face gives a heads up (literally) and a little model to download too:-)
@Louise_Driggers Did you file the copyright paperwork with the Library of congress and pay the fee?
This guys attitude seems to be “if it’s on a website it’s public domain”.
It’s interesting that he’s using a license (yes, Public Domain is a license) to argue that another license is not valid.
As far as I’m aware you actually have to place something in the public domain. It’s not there by default.
@Neil_Darlow No you can lose a copyright by failure to defend a creative work, I have been though it myself.
On digital art works, you have to read the fine print on all community’s you share with.
Most are not legally binding but a license notice and statement of ownership needs to be included, with any work of creative work.
You should never distribute a creative work without first getting the persons true contact information in an Email and always tag the work so it can be identified.
A tag is just a serial number for each distribution of the legal work that shows it was legally licensed, otherwise there is no way to tell a licensed version from a pirated version.
You also need to keep a log of licensed users, to know who you licensed the product too, that way you can show if the product was legally licensed, or pirated.
There is a lot more too it than you think a smart thief would alter the design, then file his own copyright,
That’s when you truly lose it!
I do think you have legal precedence of dcma take down as well as protecting your models. Some similar issues.
Printing photos for profit taken and published by a photographer without consent, or even distributing photos without the photographer’s consent.
Games workshop takedown requests and legal action for replication of exact models.
YouTube video reposts.
Music distribution (ie song was on the radio, so I recorded it and now am selling it)
NFL rebroadcasting (game was free to watch so I am extending that)
My point is you have the copywrite, you have asked them to stop using it, send a take down request.
@Carroll_Sanders there is no copywrite paperwork required (except if you don’t want to publish) a copywrite is legally issued at the moment is publication, or at the moment of filling instead of publication.
Trademarks and patents are different
@Carroll_Sanders What you’re thinking of is registering your copyright. That doesn’t create the copyright, that happens at the instant you create something suitably unique, but the benefit of registering it like that is damages.
For a copyright violation of an unregistered copyright you have to show actual damages, that is, show that you’ve somehow actually lost money or otherwise suffered a real loss as the result of the violation. And then you’re awarded the amount you can prove.
For a registered copyright, you get presumed statutory damages, so even if you can’t show you lost money due to the violation you’re still awarded monetary damages.
Im gona download your sad face and sell it on ebay to inform people that its wrong ;p
Bahahaha
@Mark_Rehorst oh man. If some one’s interpretation of a crying face is death, then I have lost the little faith I had left in society.
@Sylvie_Gore Sad Face has CC-AT, so you are perfectly entitled to providing you credit me. Sad Face will stare at you morosely throughout the entire process though:-P
@Stephen_Baird The copyright is the property of the original creator up on creation, but you have to register to prove ownership and damages, in other words you have to show that you tried to protect it.
If you can prove that thieft of the copyright caused you financial loss you can collect damages on a work, say your business failed because the copyright was stolen.
But with an unregistered copyright, you have to show an actual loss to yourself financially.
Websites may request a letter, from the library of congress showing registration, if the copyright is disputed.
The websites do not enforce copyright law, they only take action where ownership can be determined.