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  #1  
Old May 12th, 2008, 11:22 AM
skwee skwee is offline
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Copyright and Terms of use, how?

Hello I'm on my way to launch a social community that 100% was developed by me including the design (except free codes I got from some site (legally) and it will be mentioned in the site, and some FREE images that I got and their authors also will be mentioned in the site). I don't have money to hire/consult a lawyer so I ask here about two important issues that I worry about:

1. Copyrights. 99% Of the sites on the web put sentence like "All rights reserved to X 200X-200Y". As far as I understand it (I'm not a lawyer and know very little about laws) It protect creators creation from being copied or stolen, the real question here if I just write "All rights reserved to X" (X - my company name, my name whatever) and later I find that some one stole my design/code and I can prove it will this thief be punished by the court because the rights was reserved to me? Or this sentence must be supported by a lawyer, or I should have some permission in order this sentence will be acceptable in court?

2. Terms of use. 99% of the sites have Terms Of Use in their sites, things that users allowed or disallowed to do, and other rules. The question pretty similar to the one before: Can I put my own Terms Of Use and they will be acceptable in court (in case if someone didn't obey them)? Or they also must be created by lawyer in order to be acceptable in court? I mean can court refer to it as a FORMAL CONTRACT in spite of the fact they were composed by me and not a professional lawyer?

I do understand that your answers are just recommendations and its better to consult with a lawyer I still want to hear your answers.
Thanks a lot.

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Old May 12th, 2008, 11:47 AM
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1. Cover your buttocks just fill out the forms and pay the $45 copyright.gov (generally form TX though VA may apply to the graphics)

Copyright is automatic from the time you begin creating the work. The difficulty is proving it. Anything you care enough about to consider possible litigation in the future I suggest you just file the form. The forms are short, simple to understand and you don't need a lawyer. If you don't file a lawyer to help you prove your case will cost more than $45.

2. That's typically going to be a case by case scenario regardless whether you write it or hire an attorney to do so. Among the many arguments to be made against this is that terms.html on a website can be changed at any time. The "terms" when the defendant allegedly committed the objectionable action as charged by the plaintiff could have been modified or even posted in its entirety after the fact. Digging it up on the wayback machine is likely not going to impress a judge. But if they are violating copyright anyway see: #1.
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Old May 12th, 2008, 12:00 PM
skwee skwee is offline
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First of all Thanks for the fast replay.

1. First thing: I'm not from USA (I'm from middle east) does it matter somehow? Or should I fill forms provided by my country (if there any)?
Now as I understood from your words "Copyright is automatic from the time you begin creating the work" so actually even without filling some forms I'm protected the problem is just prove it?

2. I agree that terms.html may be changed at any time, but most of the times they write in openly that "This document can be changed every time, and its your responsibility to check and be updated", also if someone so care about it he can take screen shot of the document before he registers. But lets leave it for now and again as I understood from your words I can write it by myself and it will be acceptable, the problem is to prove that someone didn't obey them right?

Sorry for such questions as I told I'm not from USA and English is not my language.

Thanks again!

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Old May 12th, 2008, 12:40 PM
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You can file with the USA for a copyright and you'll be covered under all the countries who signed into WIPO treaties: member list ..

2. Right you don't need to be an overpaid attorney to talk out of your arse ... ;-)

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Old May 12th, 2008, 01:22 PM
skwee skwee is offline
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Ok Thanks a lot!

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