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65 votes
Accepted

If I add a copyright disclaimer to my app, am I exempt of charges?

Imagine if the answer was a simple yes: adding a disclaimer was enough to exempt you from any and all copyright and trademark law suits. If that was the case, there would be no point in copyright or ...
IMSoP's user avatar
  • 818
37 votes
Accepted

Can I host copyrighted content until I get a DMCA notice?

You may at your peril. The safe harbor provision in 17 USC 512 does not provide absolute immunity to service providers, that immunity is only available (c)(1) if the service provider—(A)...(ii) in ...
user6726's user avatar
  • 215k
34 votes
Accepted

Copying an existing HTML page and use it, is that against any copyright law?

There doesn't need to be any copyright claim for there to be copyright protection. The protection is given automatically whenever someone authors a work. If you make money off of your improved ...
Shazamo Morebucks's user avatar
32 votes

Can I host copyrighted content until I get a DMCA notice?

No. That only works if you host other users' content... ... and on a large enough scale that you can believably say you had no idea that content was on your site. It does not help you if you were the ...
Harper - Reinstate Monica's user avatar
23 votes

If I add a copyright disclaimer to my app, am I exempt of charges?

"No infringement intended" is meaningless. One of these things is true: The copy isn't an infringement. The copy is an infringement, and the responsible person knows it. The copy is an ...
phoog's user avatar
  • 37.4k
21 votes

Fair Use and DMCA

Twitter don’t have to host your account UMG’s and Sony’s business is probably more important to Twitter than yours is. It seems Twitter have made a commercial decision to close your account down. They ...
Dale M's user avatar
  • 211k
20 votes

Do copyright notices need to be placed at the beginning of a file?

Under the Berne Convention, a copyright notice is not required at all, although using one is good practice. Using one usually eliminates the claimed status of "innocent infringement", which, if found ...
David Siegel's user avatar
20 votes

How does copyrights work for mobile/web applications?

A fundamental principle of copyright law is that protection is only afforded to the concrete expression, and not the abstract idea. Therefore, if you write a sort program, what is protected is "...
user6726's user avatar
  • 215k
16 votes

Are new works without a copyright notice automatically copyrighted under the Berne Convention?

Copyright notice is not relevant to having a Copyright. 1 Copyright starts to exist the moment a work is created. When the pen touches the paper the first time or the hammer strikes the block to ...
Trish's user avatar
  • 39.8k
16 votes

How does copyrights work for mobile/web applications?

If the developer sold exclusive rights to their code, their customer has grounds to sue. If the developer licensed their code non-exclusively, there isn't grounds. Normally, a contract developer will ...
Therac's user avatar
  • 2,948
14 votes
Accepted

What relevance does the stated year have in online copyright claims?

Almost none. It is a legacy of the era when copyright protection was a function of year of publication. Including it is appropriate, however, to meet the formal requirements for a legal notice of ...
ohwilleke's user avatar
  • 218k
12 votes

If I add a copyright disclaimer to my app, am I exempt of charges?

Neither the disclaimer nor the ads make any real difference. Using Nintendo-copyright images is potentially copyright infringement. Regardless of whether you earn money for it or put a disclaimer ...
pjc50's user avatar
  • 1,127
12 votes
Accepted

In a copyright statement, should the year or copyright holder go first?

In the US, the relevant law is 17 USC 401 which provides in relevant part: (a) General Provisions.—Whenever a work protected under this title is published in the United States or elsewhere by ...
David Siegel's user avatar
11 votes

Can I host copyrighted content until I get a DMCA notice?

ONLY if you are the host As long as you are just the host, you can use the DMCA as your defense - if you follow all rules under the DMCA. Then you technically don't have to know what your users do, ...
Trish's user avatar
  • 39.8k
10 votes

Are new works without a copyright notice automatically copyrighted under the Berne Convention?

Yes, although it was not always so The answer by Trish is quite correct, in current law copyright is automatic when any protectable work is "fixed in tangible form" (which includes a ...
David Siegel's user avatar
10 votes

Benefits of registering copyright - Should I register or not?

Registering your copyright provides official proof of ownership, see Copyright Act, §53ff. It is not mandatory since you can use other means to argue that you own the copyright, but in case you want ...
user6726's user avatar
  • 215k
9 votes

Can I monetize a Pokemon themed App in Google Store

Your app is a simple case of copyright infringement. All the Pokémon are copyrighted, the lettering and names are also protect by trademarks. Trying to claim fair use will be outright impossible: you'...
Trish's user avatar
  • 39.8k
9 votes
Accepted

Find out if "Further reproduction prohibited without permission" document is original

It does not matter whether the document is authentic, because it is true, by law. Under copyright law, you must have permission of the copyright holder to copy any protected work (original creative ...
user6726's user avatar
  • 215k
6 votes

Copying an existing HTML page and use it, is that against any copyright law?

If you copy and republish the page, it's the same as copying and republishing any copyrighted work. There's no difference for "online copyright". Automatic copyright isn't a thing everywhere. (...
bobsburner's user avatar
6 votes

If I add a copyright disclaimer to my app, am I exempt of charges?

That disclaimer really doesn't do much other than make it clear that what you're doing is not official. It isn't going to protect you. Using a company's intellectual property without their permission ...
Beefster's user avatar
  • 190
6 votes
Accepted

Would hiding a footer (with copyright information) on a website template be legal?

You seem to assume that copyrights require paperwork such as registration. This is wrong, copyright is automatic. And it prevents the downloader from making the sort of change that you suggest. In ...
MSalters's user avatar
  • 5,659
6 votes

Find out if "Further reproduction prohibited without permission" document is original

Trick question: you can't read the single original copy "legally", because it's stored on a hard disk in a datacenter and you have to make multiple copies of it to even get it to your ...
pjc50's user avatar
  • 1,127
6 votes

What does it mean to 'reserve' a right?

To "reserve one's rights" is to make it clear that some other action is not intended to give the rights up. Typically, it has no legal effect but is used out of caution, to avoid ...
sjy's user avatar
  • 9,178
5 votes

Fair Use and DMCA

EditVideoBot is an automated program that automatically edits videos based on commands provided by other Twitter users that mention the account - I am providing the service, other people operate and ...
Kevin's user avatar
  • 4,659
5 votes

Find out if "Further reproduction prohibited without permission" document is original

Even if someone already violated the direction not to make further copies, that does not make it unlawful to read the document. Just as if someone makes and sells a pirate copy of a book, it is not ...
David Siegel's user avatar
4 votes
Accepted

Can I use the copyright symbol and rights statement if I haven't registered the copyright?

Copyrights You may use the circle c mark (c) normally with a year, the name of the author of the work and possibly the words "all right reserved" without any legal permission. This gives you ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

Can copyright of a book be extended by the authors relatives?

Copyright in the US has changed Prior to 1978 copyright lasted 28 years and could be renewed for another 28 (hence 1936 and 1964). Anything that was still under copyright then now has copyright for ...
Dale M's user avatar
  • 211k
4 votes

Copyright notices: a team or project declared as copyright holder

united-states In US law the elements of a copyright notice are 1) the copyright symbol or the word "copyright or the abbreviation "copyr"; 2) the year of publication or creation; and 3) the name of ...
David Siegel's user avatar
4 votes

How can Nintendo cartoon Captain N use video game characters owned by different companies without those companies appearing in the show's copyright?

Attribution is not a legal requirement If company A owns IP (copyright and trademarks in this case), they can licence it to company N on whatever terms are mutually acceptable. They may require ...
Dale M's user avatar
  • 211k
4 votes
Accepted

Should I use "and" in legal documents for lists?

In the sentence in the question, you should use "and". Otherwise it is ungrammatical and unclear.
ohwilleke's user avatar
  • 218k

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