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Thread ID: 49459 2004-09-19 23:38:00 Copyright Question c_sinclair (5998) Press F1
Post ID Timestamp Content User
273952 2004-09-19 23:38:00 I wanna upload a few hundred ringtones and games that I've collected over the last 6 months, from free online websites, friends and all that...BUT i am worried about copyright...how do I know if I am or am not in breach of whatever copyright law i could be under...

I was thinking, I could email a goverment section to ask them, but then if i do..they can say yes and keep a eye on me...or they can say no and still watch me...or I can just go for it and take the risk...

But was wondering if anyone here can tell me now if i can or cannot upload these files.
c_sinclair (5998)
273953 2004-09-19 23:43:00 Copyright exists automatically for the creator of any original work. It does not need to be explicitly stated. I would be very careful with using other people's original work without obtaining their express consent in writing. You should check with the websites you downloaded them from. Of course you could take the risk and you may get away with it, but if you get caught the penalty could be severe. Sb0h (3744)
273954 2004-09-19 23:48:00 Ok i will check with the websites...
But what about the ones I dont know where they came from...as a friend had a cd compiled of the stuff and i got a copy of the cd off him...
c_sinclair (5998)
273955 2004-09-20 00:24:00 As Sb0h suggests, apply that logic to the CD full of data as well.

If you do not know if the data is copyright or not, assume it is copyright unless you can prove otherwise.

Just because someone obtained it without checking, and gave it to you, does not change anything.

Almost everything is copyright under law, unless its expressly given away and made "public domain" or you have created it yourself (in which case you hold the copyright).
godfather (25)
273956 2004-09-20 00:54:00 Chris - copyright is a civil matter. Arguments are between the owner and the alleged pirate. There is no Government Department or Police involved for you to turn to. You might be thinking about the Patents Commissioner but he will not help.

I agree with GF and SbOh. Good advice.
Winston001 (3612)
273957 2004-09-20 04:48:00 Since I wont be able to find where all the files came from...will this be appropriate...I write this on EVERY page I make..

"The maker of this website, cannot find orgins of all these files, so am publishing them for your use at my own risk, but if you are one of the people who know the orgins of any file, please click here and email me, and i will contact the orgin and go from there, OR if you are the actual maker of the file, I will remove from website with no hestiation at your request"

And provide my email details at the end of that...

Would that be appropriate enough?
c_sinclair (5998)
273958 2004-09-20 05:32:00 I would be careful saying that you are publishing them at your own risk. That very statement my open you to legal action if someone on-sells a file from your website and then gets caught. You may be accepting risk for a third party. You would be better off constructing some sort of disclaimer stating that you could not find the origins of the file and potential downloaders accept the risk themselves. If you are serious about setting up a site with potential for a copyright conflict you should probably consult a lawyer. Although in saying that my lawyer advised me that copyright cases generally involve the high court and are very expensive. Therefore the cost of taking legal action often outweighs the benefit, unless you have a solid case and very deep pockets. Sb0h (3744)
273959 2004-09-20 05:47:00 have a crack,if u get a cease and desist order then do so immediatly. metla (154)
273960 2004-09-20 12:21:00 You've already asked the exact same thing in another thread:

pressf1.pcworld.co.nz
whiskeytangofoxtrot (438)
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