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The Magic Cafe Forum Index » » Right or Wrong? » » Forum Copyrights (0 Likes) Printer Friendly Version

JackScratch
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Ok, stupid question, or maybe not. If I post something in this forum, do I, the original author lose all rights to that work? What if I wish to publish it as a part of a larger work later?
Neil_Brown
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At a guess, I would suggest that any copyrighted work remains your copyrighted work, and that, by posting it here, you grant themagiccafe.com an implied licence to deal with the work for the purposes of maintaining the forum. Thus, just by posting something on a forum, it shouldn't mean that anyone can copy the contents of your post (or perform any other act restricted by copyright). However, if you provide instructions for an effect, I don't believe you could stop people from performing the effect (copying the instructions; yes. Performing the effect; no).

Just me opinion, though - I can't remember whether there was anything which might attempt to alter the basic position in the agreement when you sign up?
JackScratch
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Well I wasn't realy speaking about effects. I was thinking more thoughts and ideas outside of effects. I'm working on a book that has absolutely nothing to do with any effects at all. It isn't copyrighted, but I have posted some of it in this and another forum. My fear is that I wouldn't be able to use it in my book.
The Bonnie Kids
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I think you can use it in your book without any problem. You can always mention that you had posted it on TheMagicCafe. Good reference for you and for the site.
The Bonnie Kids.
And I think you can also use other stuff not posted by you. Just be nice and ask the author if he agrees on that. If you cannot get the author, give credit to him in your book.
If you "copy" and mention the source, you are just contributing to the development of this art.

Andrea
Neil_Brown
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Quote:
I was thinking more thoughts and ideas outside of effects

Well, ideas in themselves are not copyrightable- however, you can protect the expression of an idea, which is what you are doing- your words are protectable, but your ideas perhaps not (unless they are patentable). Providing you meet the necessary criteria in terms of originality etc (meaning that you haven't copied someone else), then chances are your work is protected automatically - copyright doesn't need to be registered; it just subsists.

I can't see there being a problem posting your own information and then using it yourself - as I understand it, a copyright assignment has to be in signed writing, so you can't accidentally lose your rights to a forum anyway.

Of course, this is not legal advice, and I may be completely wrong Smile
Neil_Brown
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Quote:
And I think you can also use other stuff not posted by you. Just be nice and ask the author if he agrees on that. If you cannot get the author, give credit to him in your book.

I'd be more careful than that, actually - if you're copying the whole or a substantial part of something, then I'd suggest you need permission, unless your treatment of the work counts as "fair dealing" or the equivalent in your country.
Skip Way
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Copied from the Forum Rules and Policies:

<< In addition, postings made on this website are considered to be contributions(donations) and given to this site free of charge, and as such automatically become the publishing property of The Magic Café, Steve Brooks, The Magic Bakery, and/or Steve Brooks Magic. No kind of royalties, fees or other monetary considerations of any kind are promised, expressed or implied to authors of said postings. Members who make such postings do so of their own free will and understand that posting here is no different then contributing/donating an article to a magic magazine, which then holds the copyright to the article.

However, that is not to say you do not own the intellectual property rights to perhaps an original idea or concept contained within said post/article (which you of course reserve the right to market at some later date) you may be discussing here. Steve Brooks, The Magic Café, The Magic Bakery and/or Steve Brooks Magic simply owns that particular article being posted, and may freely use as we see fit any said article/post in any projects (now or in the future) associated with The Magic Café, The Magic Bakery, Steve Brooks and/or Steve Brooks Magic be it on or off this website.

Please remember that the entire contents of this web site © Copyright 2001-2006 Steve Brooks. All rights reserved. This notice overrides any alleged copyright or license claimed by any person or entity absent a signed writing that complies with the requirements for transferring the entire copyright. This includes, but is not limited to, translation or other creation of derivative works, use in advertising or other publicity materials without prior written authorization. Commercial use, publicity or advertising use, or republication in any form will be treated as an infringement absent written authorization. In other words, no portion of this web site, including text and images, may be used in any manner without the express written consent of the site owner, Steve Brooks.

In that light, you can understand why we do not want members posting articles that have been taken from other message boards on the net. Taking a small portion of a post, or quoting is a different matter of course.

That said, if you are really concerned about your material, it's probably not a good idea to post it on The Magic Café or anywhere else in cyberspace.

Please know that the above rules are not up for debate or discussion. When you become a member of The Magic Café you agree to adhere and follow all the rules and policies we have here and it is your responsibility to know and understand these rules. Further, we (The Magic Café/Steve Brooks Magic) reserve the right to change or ammend these rules at any time and with no notice given, so members are encouraged to check here often for any possible updates, additions or changes to the above written policies. Thank you. >>

I think that's fairly clear.
How you leave others feeling after an Experience with you becomes your Trademark.

Magic Youth Raleigh - RaleighMagicClub.org
JackScratch
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Well that certainly clears it up a lot. From what I understand, it's still mine, but he has the right to use it as he wishes. Makes good sense.
Jonathan Townsend
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I believe the statement above is in place to protect posters from having their posts copied out and reproduced outside the café.

Likewise it would be inconsiderate to take ideas from café posts and include them in any works without contacting the poster and getting permission.

As things stand, I don't want my contributions here (the ideas and words) taken without my express consent outside the café in any context other than performance for lay audiences. The stuff is here as a resource, free and available via the search function. Let's make good and respectful use of our resources here.

:)
...to all the coins I've dropped here
RobertBloor
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Jack,

I'd think Johnathan is right. I doubt that Steve's intent is to go around suing people who post something here, and then publish it in their own material.

Look at Jim Snack for example. Over the years he's "given away" a lot of info from his course. Does that mean Jim waived the rights to his course or its contents?

Nope.

I think as Mr. Townsend suggests, it's more to protect contributors, and The Magic Café from legal ramblings.

Robert
"That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government,"
-The Declaration of Independence
CJRichard
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Under current copyright law in the US, an author's work is copyrighted from the moment of creation, whether or not it is published and whether or not it bears a copyright notice.

If I'm writing a book, that work belongs solely to me from the moment I set down the words. If I post a portion of a book I'm writing, I don't think that some legal boilerplate in the membership agreement would hold up as superceding my existing copyright. The very wording of this forum's boilerplate is questionable. "Members who make such postings do so of their own free will and understand that posting here is no different then contributing/donating an article to a magic magazine, which then holds the copyright to the article." Generally when one contributes to a magazine, one is only selling or giving the magazine one-time publication rights. A novelist sells publication rights to a publisher, but may also sell movie rights to a producer and foreign translation rights to somebody else.

The general copyright notice on a magazine is sort of giving blanket protection to everything that's in those pages., but it does not mean that that magazine owns all rights to every article that appears there.

Most forums allow posters full rights to reproduce their own posts in any way they choose.
"You know some of you are laughin', but there's people here tryin' to learn. . ." -Pop Haydn

"I know of no other art that proclaims itself 'easy to do.'" -Master Payne

Ezekiel the Green
Steve Brooks
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JackScratch said; "Well that certainly clears it up a lot. From what I understand, it's still mine, but he has the right to use it as he wishes. Makes good sense"

You hit the nail right on the head Jack. The Magic Café is certainly not here to steal from anyone. Authors certainly own the copyright to specific writings they may make on this site. At the same time, by posting here authors simply grant me the right to use the writings submitted to this website in any projects connected with The Magic Café, that's all. Hope that helps to clear up any mis-understandings. Smile
"Always be you because nobody else can" - Steve Brooks
Neil_Brown
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That's appreciated- thanks, Steve.
JackScratch
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Agreed. While it is very nice to get the various responces this thread has, it makes me feel much better to actualy hear it from you Steve. I should point out that I had not thought of it as stealing. Particularly since the writer in question posted it here. However, I had a momentary hear that I might have lost my rights to some of my work, by posting them here. I feel much better knowing that I have not.
Neil_Brown
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Quote:
However, I had a momentary hear that I might have lost my rights to some of my work, by posting them here

Exactly my feelings too - and I believe that this is what the ToS imply. However, as Steve's the gent who would be enforcing the ToS, his word is more than sufficient for me. Now I just need to come up with something worth sharing with the world than random wonderings on copyright in magic!
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