Thursday, January 17, 2008

~ Fair? ~

                        DsDesignsKittyLibrary.gif picture by 55hockeyfan


Some of you may have gotten the numerous emails floating around regarding the Fair Use Act pertaining to tubes and graphics.  This issue will always have different ideas and perception of what the law actually means.   That is saying nothing about the way it may be stretched to fit one sides perception.  

 

I am guilty of using the tubes that were to be purchased.  LMAO  But you all know that as it was made a huge deal, and I was reported.  I stretched the meaning to my liking.  At the time I did some research on my own before I made up mind as to what I was going to do about it.  I made my tag journal private (instead of deleting... it has not been active in months) and started just using this one.  (ppppsssssstt while we are on the subject if you have my old link on your sidebar can you update please? thanks!)   I called a few people, called the guilds, did some research on line.  So many mentioned the Fair Use Act, so many mentioned the Kazaa Lawsuits.  I was confused. 

 

The recent emails I've been sent go on to say if you are not making money off the tubes, you can use them.  So and so called the Copyright office and they said so.  Hmmmm  I wonder if they also told the single mom who was sued for sharing music files at no profit?  Remember the hefty fine and jail time?  I do.  She took things and shared for free, didn't that fall under the same law?  Music, art, copyrighted, blah blah blah.

 

A friend of mine at the time who is in law referred me to a site.  He really didn't have a clue what I was talking about.  He basically said because it'sout there you just can't take it, use it, manipulate, share it, put your copyright on it.  Here is a link he sent, if interested scroll down to the 'Using the Four Factor Fair Use Act'  At the time I couldn't honestly look at those 4 items and feel right about using the tubes.  I joined the guilds and now have a license.  I am not saying if you don't follow you're wrong.  It's up to you.  I am not saying you're wrong or right.  It's up to everyone out there how things are interpreted and I am not going to get in to an argument over it, nor am I going to report anyone that may not follow.   All I'm saying is I will stick with what I've decided.  I do appreciate folks forwarding the mails as an FYI.  I'm flattered that you thought of me.  Thank you. 

 

There will always be a difference in opinion.  There will always be artists who change their rules along the way.  Not all require a license.  I am not perfect and no doubt will make mistakes and use something I shouldn't.  I will take responsibility and fix it if I can.  In the meantime, I know I don't like folks manipulating the tags I make so I can only imagine how an artist feels when someone snags their work and manipulates it.  This is my hobby, it's their lively hood.  'Nuff said... but again thank you for letting me know what is circulating out there. 

 

On another note, thanks for all the nice words regarding my shitty day yesterday.  I'm doing much much better.  Don't be so hard on my boss.  He is new in the position and I have a feeling he is still trying to get a feel for the staff.  Not cause waves, and not manage with an iron fist.  I am very confident things will be different going forward.  Step by step.......... 

 

Hope everyone had a great day.  Ohhhhhhhhhhh so close to Friday.  YEAH!

 

Hugs

~d

31 comments:

Anonymous said...

Have a great weekend!

Anonymous said...

Donna, glad you had a better day today, hope you have a great weekend, Hugs Lisa

Anonymous said...

I heard about that too, that as long as you don't take money for it you can use it.
But, like you, I joined & got my licenses too. :)
I love your kitty tag! LOL So cute.
Sugar

Anonymous said...

It seems like everything is regulated and we can be sued for anything. I feel bad for that woman that received that stiff fine. I think the court system is f**ked up anyway to be honest with you. A child molester can walk but god forbid a single mom share a song. -Missy

Anonymous said...

This was very edutcaitonal.  I do love your tags.  I can understand your point of view and the parallel to downloaded music.  That is against the law for sure, but so many do it.  Have a good Friday. : )

Allison

Anonymous said...

 Dummy here,  I dont know anything about making tags, ect but you were smart to investigate it. Im so glad today went better at work. Love the kitties! Have a great Friday and Weekend. Hugs-Carolina    

Anonymous said...

I love the kittens in your tag.  Adorable.  I don't understand all that and don't know how to use PSP, but what you are saying sounds correct.  I'm in a tag group and the leader sent an email out saying the thing about not receiving payment making it OK.  I don't know, but I think I would err on the side of caution.  Hope you have a great Friday.
Hugs, Joyce

Anonymous said...

Legal stuff makes me tired.  Have a good Friday and a nice long weekend.

xx
Russ

Anonymous said...

Wow, I've missed alot while I been away.......... Hope it gets sorted soon. Happy New Year to ya anyway D
Hugs, Gaz xxx

Anonymous said...

Donna
I know you will always do the right thing as you see it.  I also want to take a moment to say how much I value the effort you put into making all that fabulous artwork and putting it out there for us to use.  Thank you for the time you spend on our behalf and thanks for sharing your fabulous talent.
Sam

Anonymous said...

Donna, cute kittens above!  I'm pretty sure that in the end, all of the legal issues are as clear as mud ... which allows for different interpretations.  

I say thank you for sharing your work and your hobby with us. :)

Anonymous said...

(((((((((((((((HUGSTOYOU))))))))))Wow,you said a mouthful.Thank you for all the info you wrote about.I understand what you are saying.I just lve all the beatiful graffics you make for us.Hve a nice weekend.

Anonymous said...

hi d, complicated stuff copyright, i know i get worried about cards and products i design and the copyright. How can a card which uses alrady copyrighted products (paper, embellishments etc) be your own copyright? I did design it, but with someone elses products! confusing and as i get closer to my business launch i get more worried , as part of the website will be about sharing artist ideas. I will have to have some clever disclaimers and terms for it i think. i am glad your day was better. take care mrs t xx  
p.s ty for the hints and help {{{{HUGS}}}}}
http://journals.aol.co.uk/mleppard06/eternity/

Anonymous said...

all those rules makes my head spin....so confusing...well to me anyway.  but, i haven't taken the time to read any of them either.  lol glad thursday was better....have a great weekend!
gina

Anonymous said...

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Anonymous said...

I've received those emails too and it's all so confusing!!  Enjoy your weekend.
Missie

Anonymous said...

I recieved these emails too and ya know what? My friend bought a few tubes from diff artists and guess what??? They all gave her the same lic #  LOL   I guess thats how a few of us that doesnt have all this money to buy all these darn tubes can do is buy a few and use alot with our lic #

Carolyn

Anonymous said...

Thankfully, I didn't get any of those emails!  lol   I guess there was no need.   I admire you following through with what you know is right to do.
~Meg

Anonymous said...

i am glad you are kind enough to offer your tags with a name on it. It is saved and treasured by me. I never resize anything. I just appreciate it.
LOVE YOU
lisa

Anonymous said...

See, that's one of the things I like about you. You do not fly off the handle, you do your homework and then you come to a smart decision.

Brenda

Anonymous said...

I can just say...you stay on top of things...and you are so appreciated by me for all your hard work.  Hugs and love,
Joyce

Anonymous said...

It all sounds very complicated.  I'm sure you know what you're doing.
Have a great weekend.
Carolxx

Anonymous said...

I have to agree with Carol on this....You know me and technical matters? lol. You do a great job anyway and your patience with me was well recieved! Love Pam xx
http://journals.aol.co.uk/pamal3/almost-40/

Anonymous said...

Hi Donna,

I love your graphic with the kitties, it's adorable!  I'm sorry you had such a rough day yesterday, and glad you feel better now.  I can't begin to imagine what you are going through with the loss of your beloved sister, it must be so overwhelming. It's nice that she is being honored by so many people, but I imagine it must be so difficult to have to keep revisiting the pain of your loss.  I hope you have a nice weekend.

Take Care,
~Bilinda~

Anonymous said...

I think it's not very nice for things to get so uptight about copyright, Donna, particularly as you're not doing it for profit - with a few exceptions that I am aware of. However, people will be mean and bl**dy minded, so you've done well to cover your tracks.

Guido

Anonymous said...

I've been hearing all the mess of copyrights and such. I didn't understand any of it, but I'm like you do what you feel is right. Glad you went with what felt right for you.
Take care and hugs, Chrissie

Anonymous said...

I got an email about all that the other day with a phone number to call about it but it was a US number so not going to bother have paid my money and got my licence so not a problem. Good on you for sticking to your guns.
Debbie
xxxx

Anonymous said...

h

Anonymous said...

I've been reading a lot about it.  It doesn't seem to fit into the tube or art category but oh well. I just go the the artists that allow and download their stuff although they change as fast as the wind blows.  I just don't have the funds to purchase a tube to use once.  I'm not sure if that rule can be bent to fit or not.  Keep warm and I voted on the conference finals...lol.  Love ya, Chris

Anonymous said...

Interesting discussion of the use of graphics.  I was glad to read it.  Gerry

Anonymous said...

The more you look into this the more confusing it looks ,we admire your work ,but are very unaware iof what goes on behind the scenes I honestly believe you wouldnt do anything that caused harm to anyone else ..love Jan xx