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Subject: 
Re: Builder's Gallery
Newsgroups: 
lugnet.build
Date: 
Fri, 9 Apr 1999 23:15:30 GMT
Viewed: 
684 times
  
In lugnet.build, Todd Lehman writes:
In lugnet.announce, Thomas Main writes:
The official Lego site (http://www.lego.com) has a "Builder's Gallery"
area now where people can upload their own creations.  Each month, eight
creations will be chosen for a vote by web club members for a "Builder
of the Month."  Each web-club member can have 4 votes per voting
session.  See the details at:

http://www.lego.com/gallery/


--- WARNING --- WARNING --- WARNING --- WARNING --- WARNING --- WARNING ---

Read the fine print very carefully before uploading any images!

Quote:
"The LEGO Group reserves the right to publish pictures on www.LEGO.com which
  were not selected as part of the eight gallery pictures."

This is perfectly reasonable.

However:

"[...]  All entries shall be the copyright of the LEGO Group and none will • be
  returned.  [...]"

This and the sentences surrounding it sound like a holdover from the old days
before digital photography -- when you submitted actual photo prints, like to
Mania Magazine.  BUT: still be careful here!

According to these rules, by uploading an image you have created, you giving • up
the right ever to publish that image yourself in the future.  That is, you may
be permanently and irrevocably transferring the copyright to LEGO, and you may
be infringing on their copyright if you display your own image on your own web
page!

Hopefully TLG will realize that the above requirement is totally ridiculous,
and require a grant of non-exclusive publishing rights instead.

--Todd

LEGO has published my Castle both in Mania Magazine and in the LEGO Creator
Activity Book.  In fact it was a LEGO employee that contacted me, after viewing
my website, for the rights to have my Castle in the Activity Book.  I signed
documents giving TLG the right to use my images.  I maintain the copyright.

Copyright law states that the first copyright overrides any subsequent
copyright (same as patent law, but I won't go there) unless there is a signed
document ceding the copyright to another party - therefore, if the images are
already on your website it is already in your copyright (which, according to
the latest internet law, is automatic and does not require a copyright
statement on the site - same as any printed material).

LEGO cannot legally claim copyright of material that has been previously
copyrighted (in this case published on the internet) without having supporting
signed documentation.

Having said all of that, I seriously doubt that LEGO's intention is to deprive
the "builders" of the rights to their creations.  The statement I signed,
gave TLG unlimited use of the images.

Talk about bad press, just think what would happen if TLG's lawyers went after
a 6 year old kid for copyright infringement because he has his creation on his
website.

NOTE: - I am not an attorney. I do run Continuing Legal Education programs for
the legal department of a brokerage firm.  We have had several recent session
covering, in particular, application of copyright, trademark and patent law to
the internet.



Message has 1 Reply:
  Re: Builder's Gallery
 
(...) Good show!! (...) Is that specific to U.S. Copyright law or is it an international tautology? Also, if I understand what you're saying, wouldn't it still a problem for you if you upload something to www.lego.com -first-, and -then- want to (...) (25 years ago, 10-Apr-99, to lugnet.build)

Message is in Reply To:
  Re: Builder's Gallery
 
(...) Read the fine print very carefully before uploading any images! Quote: "The LEGO Group reserves the right to publish pictures on www.LEGO.com which were not selected as part of the eight gallery pictures." This is perfectly reasonable. (...) (25 years ago, 9-Apr-99, to lugnet.build)

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