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Bill's next monopoly?

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  #11  
Old 05-30-2006, 01:07 PM
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lkroll lkroll is offline
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Quote:
Originally Posted by PeteyB

...

Also, Walmart wants the rights to the Smiley face

http://www.chicagotribune.com/busine...i-business-hed


Pete
Doesn't just seem that Wal-Mart wants it. That French dude does too. What a shame. I think that the U.S. should officially set the smiley (and namesake) to public domain to eliminate all this hogwash. (I always use smileys by the way).
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  #12  
Old 05-30-2006, 03:05 PM
PeteyB PeteyB is offline
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Talking Smiley's creator

Walmart claims that they had to move to register it because a Frenchman was threatening to do so.

The smiley face has always been considered in public domain. The creator of the smiley face never applied for a copyright or a trademark. He was paid $45 for his creation.
http://www.boston.com/news/daily/13/smiley.htm

Actually, I always thought Forrest Gump was the creator of the smiley.

It will be interesting to see how this plays out
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  #13  
Old 05-30-2006, 11:23 PM
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Craig Walters Craig Walters is offline
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doug,

rather than getting into a point by point debate, i'll simply admit ignorance and pose some questions to you. i pose them to you because you are probably the closest thing we have to an expert on the subject, with the site and all the issues that could arise here.

so, who does own the copyright on a re-rendered image in the photo arts forums?

in the may 06 contest, i made a tracing rather than a filtered sketch (at least in part). had i just made a tracing and only rendered that, who would own that copyright?

if i make a digital copy of a small piece of someone else's work and used it in a collage or montage, is that a violation?

if a model poses for a painting, does the model have any rights to the finished piece if the artist didnt get a release first?

if i take a picture of someone on the street and then 'artify' it and then sell that art, does the other person have any rights to my work? and i mean everything here from they know i took it or even posed for it to they were in the distance and just 'part of the scenery'

and let's get even less informal. let's say i take a picture of a brother or sister just as a family shot and then for some reason i decide to use it commercially later on and sell it. do they have any rights to this?

and what about scenery and landscapes? if i take a picture of your prize begonias that you were intending to use in commercial pictures and i sell my pictures of your begonias, do you have any legal rights there to my pics?

i'll probably think of some more as this gets discussed more and frankly, i think i'm already afraid of some of the answers here.

craig
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  #14  
Old 05-31-2006, 12:07 AM
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Doug Nelson Doug Nelson is offline
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I suggest you Google "derivative work" and "publicity rights" and state that all the answers are probably the ones you don't want.

And oh yeah, read the RP FAQ.
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  #15  
Old 05-31-2006, 11:00 AM
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cardmnal cardmnal is offline
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Quote:
Originally Posted by lkroll
Doesn't just seem that Wal-Mart wants it. That French dude does too. What a shame. I think that the U.S. should officially set the smiley (and namesake) to public domain to eliminate all this hogwash. (I always use smileys by the way).

Seeing as the original artist was denied a copyright on the smiley in the US because it is public domain I don't see where either of these guys have a right to it.
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  #16  
Old 05-31-2006, 02:16 PM
PeteyB PeteyB is offline
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smiley face trademark

There is confusion between copyright and trademarks ---and perhaps I started the confusion.

The smiley case is about trademarks. From what I read both Walmart and the Frenchman have registered the smiley face as trademarks ---- Walmart's trademark deals with retail store services. The Frenchman, who claims he created the graphic in 1968, registered it as a trademark in 1971 and has been licensing its use worldwide. He has a company named SmileyWorld.
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