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Geek Culture / Question on TGC Copyright Policy for postings

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Jeff Miller
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Posted: 24th Mar 2011 15:16 Edited at: 24th Mar 2011 15:18
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In a week or so I would be inclined to post a DBP project (in source code) with two attached media files that interact with the code. I am not the author of the media files, although I have legally made certain modifications to the files. I have no copyright permissions. I would be seeking constructive comments from forum members to help me improve the program.

1. One of the media files is Public Domain, by virtue of copyright expiration, in the US (where I am), the UK (where I assume TGC's servers are located), and most of Europe for that matter. It is not public domain in Brazil, Canada, China, Germany, Indonesia, Lebanon, Mexico, Nigeria, Oman, Paraguay, South Korea, Switzerland & Thailand.

2. The second file is Public Domain, by virtue of copyright expiration, everywhere except Spain.

The variation of Public Domain status in various countries of very old works that were originally copyrighted involves application of local laws and international treaties. I've been a attorney practicing copyright law since 1975, so I can research the status of various works along these lines.

Would TGC allow the posting on the combined grounds that (1) it is legal in the country of the posting member, (2) it is legal in TGC's country, and (3) it is legal in most countries? Assume that the posting would contain sufficient notice that downloading the media in specified countries could constitute a copyright infringement.
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BatVink
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Posted: 24th Mar 2011 15:21
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Here's the legal blurb in the T&Cs...


5. Copyrights
5.1 All third party files offered on our web sites remain the copyright of their respective holders. The postings made in the Forums remain the copyright of their respective author.

5.2 By posting your messages / files and screen shots to our web sites you are giving us express permission to display and redistribute those files in any manner we see fit including all forms of digital and printed media.

5.3 If you wish to post screen shots / files that are of work controlled under copyright and/or distribution restrictions then you must obtain permission from us before doing so, otherwise you forfeit this right. The content of all web sites, unless stated otherwise, is (C) Copyright The Game Creators Ltd, all rights reserved.


I'm no solicitor, so I don't know how that affects you.

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Jeff Miller
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Posted: 24th Mar 2011 15:33 Edited at: 24th Mar 2011 15:34
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It doesn't. It gives TGC the right to distribute whatever I post as TGC sees fit, which is fine, and restricts me from posting material with copyright restrictions unless I ask permission, which is what I am asking for.

My question is rather about TGC sensitivities. I.e. would TGC not wish me to post something which Jeku The Mod would not be able to download because he happens to be in Canada (at least before he moves to San Francisco, which he will be doing soon)? Or regarding the second file, because Daniel and Freddix could not legally download it by virtue of being in Spain?
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bitJericho
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Posted: 24th Mar 2011 16:59
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You should probably contact them via their form on the site:

http://www.thegamecreators.com/?m=contact

[center]
Join the TGC Group!
http://tehcodez.groups.live.com
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Jeff Miller
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Posted: 24th Mar 2011 17:27 Edited at: 24th Mar 2011 17:29
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I could do that. However, I think it's a situation that should give rise to some general rule of thumb, instead of ad hoc requests.

Few go through the trouble that I do to avoid infringement of very old copyrights, probably on the assumption that if something is 90 something years old there should be no problem. But it isn't that simple. The media I need to use happen to be in fact 90 something years old but there would be a problem in some countries.

To at least simplify matters I think that looking at the issue from the standpoint of the forum host country makes sense. A position I would hope for would be: it is legit to post a file on the server in UK if it is Public Domain in the UK, and forum members need not worry about the post being deleted absent some other unrelated problem. To analyze whether there are copyright restrictions anywhere in the world is quite a task. To analyze whether there are any in the UK specifically is manageable.
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BatVink
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Posted: 24th Mar 2011 22:16
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I would think that if the copyright detail is included in a post as you propose you are going to do, then it is the responsibility of the downloader to adhere to the legalities in their country. To do that, I suppose you have to ensure the user is not unwittingly presented with the work, but rather has to make a concious decision to download.

The forum server is I believe in the US, even though it is owned by a UK company.

I'll point Rick in the direction of this thread so he can contribute if he feels it needs clarifying.

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Jeff Miller
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Posted: 25th Mar 2011 00:35
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Thanks. No rush. If the server is in the US it would be no problem from a UK perspective, because UK law is generally more strict. Anything public domain in the UK would almost certainly be public domain in the US, although not the other way around. I would not propose adopting a US overall standard however, since TGC is a UK national and would be expected to uphold it's country's stricter standards.

Incidentally, UK has some potentially eternal copyrights on specific works, granted by special legislation, which I find interesting.
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BatVink
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Posted: 25th Mar 2011 00:40
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We also have a singer from the 1950s (and beyond) called Cliff Richard who has found his music is now out of copyright (50 years) even though he's still alive and performing!

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RickV
TGC Development Director
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Posted: 25th Mar 2011 10:43
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Hi,

I would go with what BatVink has said. Make it VERY clear in the post who is allowed to download it based on their location.

I can confirm our servers are based in the US.

If it causes any issues then it must be removed ASAP.

Rick

Financial Director
TGC Team
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Jeff Miller
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Posted: 25th Mar 2011 14:41
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Thanks. Regarding Cliff Richards "songs", UK has a short term for performance rights in sound recordings. That affects Cliff's income for royalties generated by sale of his recorded performances. But I would not conclude that the "songs" he performed is his earliest recordings are in the public domain, meaning the musical compositions, since that is a separate right and held by the composer rather than the performer.
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