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Subject: 
Re: Builder's Gallery
Newsgroups: 
lugnet.build
Date: 
Sat, 10 Apr 1999 20:59:59 GMT
Viewed: 
688 times
  
In lugnet.build, edboxer@aol.com (Ed Jones) writes:
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.

Good show!!


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).

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
publish it a couple months later yourself?  :-(


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

So when they say, "All entries shall be the copyright of the LEGO Group,"
this is actually a false (or at best incomplete) statement then? -- assuming
the uploading of material which has already been previously copyrighted?


Having said all of that, I seriously doubt that LEGO's intention is to
deprive the "builders" of the rights to their creations.

Heh heh -- no, I don't think so either.  :)  But their wording sounds strong
enough to potentially frighten someone into not publishing their own photos
that they have already submitted to LEGO (or vice-versa).


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.

They surely wouldn't do that.  But a company -might- go after someone
publishing a large collection on a website or on a CD-ROM or in print.


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.

In summary, would you say that it's safe if you live in the U.S. to upload
images to www.lego.com after you have first published them on your own
webpage?

--Todd



Message has 1 Reply:
  Re: Builder's Gallery
 
(...) US copyright law - but US copyrights are upheld in most other countries (there ae a few blatant exceptions in Asia (producing copies of photos, CDs, movies etc.) (...) Yes, it would. (...) Correct - They can't claim copyright to previously (...) (25 years ago, 10-Apr-99, to lugnet.build)

Message is in Reply To:
  Re: Builder's Gallery
 
(...) be (...) up (...) 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 (...) (25 years ago, 9-Apr-99, to lugnet.build)

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