Copyright Reminder

Just two quick reminders. The work you upload to the Xchange Center has to be original. This doesn't mean that you can't use other pictures that you've purchased (Digital Juice, etc.). You CAN legally use material that you've purchased, but there are rules as to how -- check with the license agreement of each company to see what the limitations are. It's up to each company as to how you can use it.

>>>But, the main reason that I'm posting this reminder is because we need to remember that using copyrighted music as background music for our videos is illegal unless you've received permission to use it. I've noticed several videos lately with great music, but unfortunately they need to be removed from the MXC because they are in copyright violation. Don't feel bad if your work gets deleted. We just need to make sure that the MXC is nice and squeaky clean . If you would rather, go ahead and delete any material that you know has music that is copyrighted.

>>>Another copyright reminder. Copying the idea of someone else's work and sharing that work is also illegal. E.G. If you found some slides (say from another company) with a design concept that you liked, my understanding is that it's okay to make your own version of it as long as it isn't a direct copy. Personal use would be absolutely no problem, but if you shared that work in our MXC, that would be a copyright violation. It's great to get inspiration from other's work and it's actually good practice to try to duplicate someone else's ideas, but you can't share or sell that material if you accomplish a copy that is too close to the original. The reason that I'm mentioning this is because we were contacted by a mega-church letting us know that there was some work uploaded that looked a lot like their original work. There were subtle differences, but I checked it out and it was close enough to "make a case". So, we'll have to remove those slides as well. You'll be contacted before we do it so you understand why (and that we still like you ).

Again, don't feel bad about this if you've done this. We are all learning as we go along. I just wanted to give you a heads up. Both of these copyright issues are often overlooked, but now you're empowered with a little more copyright knowledge so you can avoid the mistakes in the future.

Thanks all!

Where is the line drawn between using someone else's concept and stealing someone else's concept? I'd like to stay away from stealing, but I get most of my ideas from things I see, ie. Pepsi cans, College Print material, Apple, etc.

Are there examples that we could see (without embarrasing someone)? Thanks

It's a grey area (no, I can't show you THE example). It's when you take something that's really original and copy it almost exactly that you've crossed that line. Let's take Steve Fridsma's "Faith and Works" graphic. To take a candy bar wrapper and put your own text on it isn't anything new, but what he put on the wrapper makes it his own original work. So, it's not necessarily wrong to take a concept (in this case changing a candy bar wrapper), but if you took his content (Faithworks) along with the concept and the originality of his work and shared it or sold it, he would have a strong case for copyright violation. So, I guess we're talking about overall content (text/concept), but copying color schemes and basic design too closely would come into play as well.

Basic rule of thumb: If you copied someone's work so closely that you would have to wonder if they were done by the same person (or worse, that it WAS the same work), that's a pretty good indication that you've probably crossed the line. So, definitely get inspiration from others, but be as original as possible and you'll be okay....

Disclaimer: I'm not a lawyer. This isn't legal advice.

[David Reddel]

Joining this discussion late....

There are a couple of basic tenets that Tim has already touched on that should give you guidance when you create something. While much of copyright depends upon the facts of the particular case, here are a few things courts look at:

(1)courts will look at the infringing work to see if it is "substantially similar" to the copyrighted work, and (2) courts will look to see if the alleged infringer had access to the copyrighted work. They will look for for similarities in appearance, words, format, layout etc., as well as other elements of the works.

"Substantial similarity" is a fact specific test, but one that most can use to keep themselves from going too far.

Although not perfect, I am diligent in making sure that anything I post on the MXC (or use in our church ministry) is original work or my expression of an idea already done, is not "substantially similar" to the works of others and incorporates original footage, royalty free pics and/or music. It is good that we hold each other accountable on that issue, as well as other issues.