Copyright [solved]

Montyandwoolley · Post by **Montyandwoolley** » Thu Nov 01, 2007 10:00 am

Hi, just a quick question really - Does anyone know any details about how you go about copyrighting the images and work used within your web comic? Is it a pay for service, or do you literally just write it on your site and you're sorted. - Any help would be appreciated!

Cheers

James

Cope · Post by **Cope** » Thu Nov 01, 2007 11:00 am

Basically, your work is copyrighted to you the moment you put it to paper (or pixel or whatever). You can put a copyright notice up if you want to, but it's not necessary.

Lastcall · Post by **Lastcall** » Thu Nov 01, 2007 11:24 am

I always do, just to cover my arse. <shrug>

Montyandwoolley · Post by **Montyandwoolley** » Thu Nov 01, 2007 11:24 am

But how do you prove it is yours, and not someone elses you've copied?

Lastcall · Post by **Lastcall** » Thu Nov 01, 2007 11:26 am

montyandwoolley wrote:But how do you prove it is yours, and not someone elses you've copied?

I learned in an animation class a few years back that as long as a copyrighted character is changed/modified by you at least ten percent, then it's yours. Don't quote me on that, and the rules may have changed, but that's what I learned.

http://en.wikipedia.org/wiki/Copyright

Dr Neo Lao · Post by **Dr Neo Lao** » Thu Nov 01, 2007 3:53 pm

Basing a character on an existing character is always a gray area. it'll really boil down to who can afford the better lawyer.

In this case, uploading your webcomics with both your name and the date it was published will help you if someone else makes a comic based on your characters and you want to prove that it's yours (assuming that you object).

By way of example, if you want to use Big Bird from Sesame Street, then:

If you copy + paste photos or screen captures, then that's blatant copyright violation.
If you trace over a photo of BB so it looks like a drawing then that's still copyright violation but a little harder to prove (but not impossible).
If you make an original drawing of the BB character, then the drawing is copyright to you, but the character is still copyright ABC (or whoever makes Sesame Street).
If you make an original drawing of a character that looks a lot like BB but has no other SS characters and is substantially different then you could claim accidental similarity - but it would depend on how much ABC objected and how hungry their lawyers are.
If you make a representation that is just like BB but is used in some way (such as making social commentary or satire) then you could claim fair use and you'd be fine - so long as the BB representation wasn't the bulk of your content.

Note that I'm not a lawyer and that copyright is different in different countries. For comics hosted on CG it's generally US copyright law that is applied since the physical location of the server is there.

You can spend months researching copyright law in the general sense - but it's a lot easier to work things out if you ask specific questions.

Montyandwoolley · Post by **Montyandwoolley** » Thu Nov 01, 2007 4:05 pm

Cheers for the info guys, was a bit of a broad question to ask i know - just wondered what everyone else did

Dracomax · Post by **Dracomax** » Sun Nov 04, 2007 12:35 am

i know this issue is solved, etc, but i have $.02 just itching to be spent.

actually a lawyer came to class the other day and went over some of this.

unless a work is substantially different, it is infringement. when in doubt, ask the artist.

also, if you want to strengthen copyright, there are orms you can fill out and send in to the government that will place the copyright on file. this is currently the only way to prove your copyright, even though you do automatically have one as soon as the work is placed in fixed form.