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people keep trying to write soulclan books and soulclan roleplays and i end up reporting them for copyright infringement. im posting this to make things very clear.
Soulclan is copyrighted and can not be used by anyone else other then licensed writers. these include Michael Gooodman who goes under the pen name Ghostpelt, a writer named sokkio (pen name), and treesap (pen name) these are the current authorized writers, if anyone wants to write a book or make an rp that uses the name soulstar or soulclan as well as any other copyrighted names and writings, must follow certain criteria.
1. you must have a roblox account
2. you must have a wattpad account
3. you must have a working email account that you check regularly
4. you must ask permission to write said materials above/listed on here by users GhostieDSE, goodmichaelman, s0kkio, and girlynight12 (or their alts)- you must receive permission from everyone, if even one person says no, then you cant write, and will be sued if you write.
5. once approval has been given:
for roleplays- you must let ghostieDSE into your group with full admin privileges and unrestricted use (to punish anyone who breaks the rules set by ghostieDSE when it comes to what types of things can be said)
for books- you can not sell any books without permission, and you must give proper attribution.
6. when copywriting your material you must give top authority to ghostpelt with you recorded as being an approved writer.
7. if you do sell any books paper or electronic, sales must be approved by ghostpelt, and of all profits made, 5 percent must be given to each of the original owners (ghostpelt, sokkio, and treesap) for a total of 15%, and of the remaining 85%, 10% must be donated to wattpad and another 10% must be donated to roblox. the rest is for you to keep. (yes this stands even if the book is sold for a small amount. and price may not dip below $1) and when i say donate to roblox that can include bc and robux if you make enough. that can be part of your payment.
8. all writings (books) must be sent to ghostpelt and sokkio for approval before publishing (as long as it doesnt break any rules and is decent, it will be approved and standards are set very low, so even a 9 year old could write a book)
9. all books and groups must have a creative commons code that conforms to the rules set above. (copies of these must be given to ghostpelt for recording and publishing)
10. write lots of stuff and get lots of people to apply to us for writing (the more approved writers the better) and if you are an artist, you wont get paid, but you will have a better chance of approval (9 year old talent accepted)
thats it on rules, at least on our end, this does not mean you dont have to follow USA and international copyright rules.
next post will include what is copyrighted as of 7/26/2014 (day of post) and each subsequent post will be an update that says which post is being updated (if its rules) or what new stuff is copyrighted.
thanks for not stealing our stuff.
GhostieDSE is online. GhostieDSE
Joined: 05 Jan 2014
Total Posts: 127
The World of M…
07-26-2014 01:49 PM
the rules section was kinda long and i apologize for that, but it is necessary.
copyrighted ideas (this doesnt cover everything but should cover the basics- im not going to copy all the stories here...)
books cc:
Soulclan Book1
Soulclan Book2
Soulclan Book3 (being released in a few weeks
(ideas in books are copyrighted but some are listed below if they need to be clarified)
group cc:
soulclan
ideas:
soulclan lead by soulstar
soulclan lead by ghoststar (ghostpelt)
soulclan territory- silver lakes, tunnels under territory with an entrance being in leaders den, bordered by shadeclan
shadeclan created by shadestar
shadestar as soulstar's brother
the above clans being located in finland
shadowwoods being a forbidden place
shadowwoods having living shadows in it
whisperingforest as a place to communicate with the dead
cc codes can be found at wattpad under ghostpelt's works both in each book and on the work called cc (the group cc can be found here as well and is updated everyday to cover the group everyday)
cases:
Bobbs-Merrill Co. v. Straus
No license to use copyrighted material. License cannot extend holder's rights beyond statute defined by Congress.
(go to stanford's website for some fair use cases)
LB (Plastics) Ltd. v. Swish Products Ltd. [1979] RPC 551 (the basis of copyright protection is that "one man must not be able to appropriate the result of another's labour" (this is a UK case that the USA has followed suit on
Selle v. Gibb 741 F.2nd 896 7th Circ 1984 Where there is lack of evidence of access, access can be inferred only if striking similarities preclude independent creation (protects me if you use anything from my books cause ik you would do it just to try and spite me)
Salinger v. Random House 811 F.2d 90 2d Cir. 1987 An author has a right to protect the expressive content of his unpublished writings for the term of his copyright, and that right prevails over a claim of fair use under "ordinary circumstances"
Anderson v. Stallone 11 USPQ2D 1161 C.D. Cal 1989 Derivative works. - works must have the proper attributions
under RTC vc Netcom came one important rule:
knowledge of infringement- if proof of knowledge is given then group can be sued.
New York Times Company v. Tasini 2001 Freelance journalists did not grant electronic republication rights for collective work.
Reed Elsevier, Inc. v. Muchnick 2010 Failure to register a copyright does not limit a Federal Court's jurisdiction over claims of infringement regarding unregistered works. (this is for those of you who claim i didnt follow proper steps, based on this trial i can still sue you.)
other things:
opyright Infringement
U.S. copyright laws give owners a bundle of rights, including the exclusive right to reproduce or copy the work. If you use someone else’s work in your book, you may be infringing on a copyright. When in doubt, get permission.
Basics of Copyright Protection
Under U.S. copyright law, you have a copyright as soon as you make a fixed, tangible copy of your original work. In the case of a book, for example, ideas are not protected while in your head, but once your work is written down, copyright exists. Copyright protection can extend to any expressive elements of the written work, including plot devices, setting, tension and characters (this royally screws you all.)
fair use rules:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.”
for more rules:
copyright.gov
search for title 17
read chapter 5 as well as all sections mentioned... i did, and i saw huge dollar signs pop up when i saw it.
§ 106 . Exclusive rights in copyrighted works38
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
§ 106A . Rights of certain authors to attribution and integrity39
(a) Rights of Attribution and Integrity.—Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art—
(1) shall have the right—
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and
(3) subject to the limitations set forth in section 113(d), shall have the right—
(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and
(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
(b) Scope and Exercise of Rights.—Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.
(c) Exceptions.—(1) The modification of a work of visual art which is the result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A).
(2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence.
(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).
(d) Duration of Rights.—(1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.
(2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.
(3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.
(4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.
(e) Transfer and Waiver.—(1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.
(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.
§ 107 . Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(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.
If you have any questions about copyrights you can also ask:
Copyright infringement attorney Dana LeJune
Simmons Hanly Conroy
Those of you who are stupid and think that searching IPs tells you copyrights, IPs ar only for finding computers.
And I do record names of people who threaten to cause issues, and guess what! I can use those names to sue you as long as your human.
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dont even bother trying to win. i can eliminate your accounts through legal means |