So Entertained

[Ch2tf]

Originally Posted by preciousjeni

The problem is that we have a copyright on Theta Woman, so anyone using it, without permission, is committing an unlawful act. Of course, we'd have trouble proving that they've made any money/incurred any benefit from its use, but it's still not theirs to use.

I'm not too up to speed on copyright laws, but in effect we have to prove that they received some gain from the use of Theta Women for an effective suit?

[preciousjeni]

Originally Posted by Ch2tf

I'm not too up to speed on copyright laws, but in effect we have to prove that they received some gain from the use of Theta Women for an effective suit?

These are our protections under copyright law...it is illegal to:

• reproduce the work in copies;

• prepare derivative works based upon the work;

• distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

• perform the work publicly;

• display the copyrighted work publicly

• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

The limitations on exclusive rights (fair use) are:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

Remember that copyright and trademark are different. Theta Woman is under copyright.

[Ch2tf]

Originally Posted by preciousjeni

These are our protections under copyright law...it is illegal to:
prepare derivative works based upon the work;
display the copyrighted work publicly

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

Based on my understanding of the above, they are subject to copyright infringement, as they used a substantial portion of the Theta Woman poem (the only thing being replaced is "Theta" and "lavender")

[preciousjeni]

Originally Posted by Ch2tf

Based on my understanding of the above, they are subject to copyright infringement, as they used a substantial portion of the Theta Woman poem (the only thing being replaced is "Theta" and "lavender")

They most DEFINITELY are infringing. What they did was "prepare derivative works based upon the work" out right. The NB knows about this situation. No worries!