# Eek! I was accused of copyright infringement!



## wildmaven (Sep 27, 2007)

I just received an email from a woman in California who says I stole a phrase from her photography site. When I looked at which phrase it was, I knew what had happened. I had been trying to come up with some nice wording for my Pregnancy Portrait section of my website, and had asked on another forum if anyone had any ideas. The phrase I used was one of those ideas, and obviously they had seen it on her site! I feel like such a criminal. As an artist, there's no way I would intentionally steal from someone. In fact, copyright infringement is one of my biggest pet peeves. I explained it to her, but I still feel horrible.


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## Big Mike (Sep 27, 2007)

Does she actually have her phrase copyrighted?  I doubt it.  Actually, I'd bet that she isn't the first person to use it.  Type it into Google with quotation marks and see how many hits turn up...without even knowing what it is...I'd bet that quite a few hits turn up.


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## wildmaven (Sep 27, 2007)

Big Mike said:


> Does she actually have her phrase copyrighted? I doubt it. Actually, I'd bet that she isn't the first person to use it. Type it into Google with quotation marks and see how many hits turn up...without even knowing what it is...I'd bet that quite a few hits turn up.


 
I took it out. After a week of being beaten down by ill-mannered people, it was just one more thing I didn't want to deal with. I usually don't let forum type things get to me, but facing the possibility of having to go on chemo-type drugs is taking away my patience and I just want to curl up in a ball and cry.


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## ~Stella~ (Sep 27, 2007)

Big Mike said:


> Does she actually have her phrase copyrighted?



Well, you have an_ automatic_ copyright on anything you create or write (like a book, photo, film, etc) subject to certain exclusions.

A common phrase would be one of those exclusions. There are many others, such as a parody, for instance. I happen to have an IP lawyer handy if you need more specifics, Wildmaven, but he's away on business until tomorrow night. Let me know if you have any questions.

ETA - I didn't see the phrase, but I think it would be fairly difficult to have protected rights to something as short as a pharase, even if it was fairly unusual.  Now, she can always get that trademarked liek a jingle or logo, but that isn't automatic - you have to register for it.


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## wildmaven (Sep 27, 2007)

Thanks, Stella. Hers had a couple extra words. But I can understand how she feels. I would be angry if I saw my wording, or close to it, on another site, even if they were 1300 miles away. I guess from now on I won't ask for suggestions and think for myself, hee hee.  Oops. Maybe I shouldn't put her phrase on here. [edited just in case]


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## Alex_B (Sep 27, 2007)

But copyright to a phrase sounds a bit ... unusual to me. I would guess you can use it unless it is trademarked.

But then again, I am not a law-person.

Is it such a unique phrase? [edit: ok, saw your post now, that is rather unique and lengthy.]

Anyway, please do not feel bad about this! :hugs:


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## JHF Photography (Sep 27, 2007)

I don't know, the phrase doesn't (edit: ok, didn't.... I see you've removed it since I started writing this) sound that unique to me. I can't imagine she is the first and only person (other than you - lol) to have something along that line in their advertising.


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## skieur (Sep 27, 2007)

~Stella~ said:


> Well, you have an_ automatic_ copyright on anything you create or write (like a book, photo, film, etc) subject to certain exclusions.
> 
> A common phrase would be one of those exclusions. There are many others, such as a parody, for instance. I happen to have an IP lawyer handy if you need more specifics, Wildmaven, but he's away on business until tomorrow night. Let me know if you have any questions.
> 
> ETA - I didn't see the phrase, but I think it would be fairly difficult to have protected rights to something as short as a pharase, even if it was fairly unusual. Now, she can always get that trademarked liek a jingle or logo, but that isn't automatic - you have to register for it.


 
You are correct.  Phrases and even book titles are not copyrightable unless they are totally unique such as some of the made up McDonald's words.

skieur


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## Alex_B (Sep 27, 2007)

skieur said:


> some of the made up McDonald's words.



Who would want to use any of those from evil Ronald-fake-Scotsman-McDonald anyway.


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## Big Mike (Sep 27, 2007)

I guess it depends on the jurisdiction that you are in...but I think that I heard that names People & Places can't be copyrighted...even if they are made up.  JRR Tolkien wasn't happy about that because many of the names in his writings were made up by him...actually, he made up the languages from which the names were derived.


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## Alex_B (Sep 27, 2007)

Big Mike said:


> I guess it depends on the jurisdiction that you are in...but I think that I heard that names People & Places can't be copyrighted...



But they can be trademark-ed .. and then you cannot sell things under your own name anymore if someone else got the trademark registered...

And yes, 99% of all fantasy authors just copied from him ... that is why I hardly read any of them.


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## Chas (Sep 27, 2007)

Frankly, this person (the OP's accuser) sounds like a complete troll to me. I'm not a lawyer, but you don't have to be one to know that this is utter nonsense.


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## wildmaven (Sep 27, 2007)

For those who didn't see the phrase before I moved it, it was something benign, using words that were not made up. I won't use the phrase here, but it would be like me saying "Our wedding photography will preserve the memories of your special day" and hers saying "Our wedding photography will preserve the magical memories of your special day."


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## just x joey (Sep 27, 2007)

lol i wuldnt even have taken it off or even responded to her. LOL if you know u didnt take it off her site cause u obviously didnt even know her site, then forget about her. its whatever.


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## SpeedTrap (Sep 27, 2007)

wildmaven said:


> For those who didn't see the phrase before I moved it, it was something benign, using words that were not made up. I won't use the phrase here, but it would be like me saying "Our wedding photography will preserve the memories of your special day" and hers saying "Our wedding photography will preserve the magical memories of your special day."


 

As the owner of the website OurWedding.ca I think you are is copyright violation of the use of the words Our Wedding...........

If that were true I would have to Sue Everyone who works in the wedding business.:lmao:


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## RacePhoto (Sep 28, 2007)

Dear Sirs, you are using the words Photo Forum, and we would like you to stop, because our photo forum uses the same two words. :er:

Sorry but unless this person has something special and unique, and has registered the phrase, you can tell them to pound sand. You can't copywrite a common phrase.

It's courteous of you to change, but it sounds like they badgered and attacked you in emails. They should have made a polite request and explained their position, not sent an angry mob after you.

Everyone here needs to use it on their own website! :lmao:

I'd really love to read or see this proprietary phrase? Maybe you could just link to the website, so you don't infringe by using the secret words. IS it something like "*celebrates your newborn baby and the love that created your expected baby*" or less generic than that?


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## ~Stella~ (Sep 28, 2007)

So, do you think she just googles her own words randomly to see who to attack?


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## HatMan (Sep 28, 2007)

I recently sat in on a seminar put on at a local trade show by the Government of Canada regarding Intellectual Property. A phrase (or sentence or word, etc) CANNOT be copyrighted in any form, at least in Canada.

They can, however, be trademarked. Which is fairly expensive and must be indicated with the small TM clearly with the text only after receiving the proper trademark approval. There is a detailed process of applying for trademark at 

http://www.canadabusiness.ca/servlet/ContentServer?pagename=CBSC_FE/display&c=Services&cid=1106654753275&#9001;=en

It is very similar to applying for a patent. There is also a link that allows for you to search for trademarks already registered.

Sorry to hear of you dilemma and you likely don't need the grief anyway, but I would keep on using the phrase and just delete the messages or ignore the forum. Sometimes, it's like Dr. Phil (which is trademarked BTW <G>) says... "You can be happy, or you can be right..."

All the best,


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## Battou (Sep 30, 2007)

Given what I do on the internet I gotta know this stuff and be able to acess it quickly, you are fine


> What Is Not Protected by Copyright?
> 
> Several categories of material are generally not eligible for federal copyright protection. These include among others:
> 
> ...



http://www.copyright.gov/circs/circ1.html#wccc


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## Jeepnut28 (Sep 30, 2007)

second vote for:  "go pound sand"!


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## wildmaven (Sep 30, 2007)

Jeepnut28 said:


> second vote for: "go pound sand"!


 
Hahahhahah.... you guys have all made me feel so much better about this. :heart:

(((((((((GROUP HUG)))))))))))

Battou and Hatman, thanks for all the great info, too! Now I'll know what to say when/if this happens again.


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## Battou (Sep 30, 2007)

wildmaven said:


> Hahahhahah.... you guys have all made me feel so much better about this. :heart:
> 
> (((((((((GROUP HUG)))))))))))
> 
> Battou and Hatman, thanks for all the great info, too! Now I'll know what to say when/if this happens again.



Yeah, Truth is, Wile there is no true form "international copyright law" almost all of the modern world adhears to this word for word under the Berne Convention. I'm sure if I did some research I could find out exactly what countries are signed to it but...


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## castrol (Oct 1, 2007)

How many times have you seen "the world's best cup of coffee" in a coffee shop
or on a street corner? How about "x million burgers sold"... You can't copyright
a phrase of english speech. 

I am the best photographer ever!

There... no one else ANYWHERE can use that. Ever.



Someone else post up the phrase so the rest of us can see it. I would like to
see what this lady thinks she "owns".

I think you should tell her to bite you OP.


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## Battou (Oct 1, 2007)

It's actually a far more common misconception than a lot of people realize.


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## Mesoam (Oct 1, 2007)

please send me the phrase, I'm going to put it in every signature of every forum i belong to....

then get it printed on vinyl and wrap my car in it...

just for spite naturally..


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## Pixie42 (Oct 6, 2007)

That;s ridiculous.

Sounds like this person has too much time on their hands.


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## wildmaven (Oct 6, 2007)

Mesoam said:


> please send me the phrase, I'm going to put it in every signature of every forum i belong to....
> 
> then get it printed on vinyl and wrap my car in it...
> 
> just for spite naturally..


 
Hahhahahaha........now THAT I'd like to see! :lmao:


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