stevestephen 's Techdirt Comments

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  • On the post: Mexican Gov't Says Starbucks Can't Use Images Of Mexican Artifacts On Mugs… Without Paying Up

    stevestephen ( profile ), 11 Jan, 2010 @ 09:44am

    Re: Re: Re:

    I would encourage you to read up specifically on film industry usage and current practice. As an example, the Chrysler building considers all ornamentation as protected. Most anything beyond a vague skyline silhouette will be fair game for protection or attempt at compensation.

    Certain physical buildings or places are protected under trademark and/or copyright law. Over 150 buildings are registered trademarks. A building in public view is generally not protected; however, the artwork upon the building may be. For example, footage of a skyline may not require a license, but footage of an individual building, especially if it is unique or has art or ornate architectural designs applied to it, may require a separate license. If you want to use an image of a building or place that is not as it normally appears, or is not ordinarily visible from a public place, it may be protected under trademark and copyright law. When you review motion content, you need to analyze it to determine whether any item depicted in the motion content will require trademark clearance from the trademark owners. For example: Are there items depicted in a piece of motion content that contain a trademark or trade dress? Is a building with artwork depicted in the motion content? Is a building depicted whose owners use it as a registered or unregistered trademark? Does the motion content have a mark or trade dress that is confusingly similar to another owners mark? If so, you may need a license in addition to our license from the trademark owner, his or her estate or agency.

  • On the post: Mexican Gov't Says Starbucks Can't Use Images Of Mexican Artifacts On Mugs… Without Paying Up

    stevestephen ( profile ), 08 Jan, 2010 @ 10:02am

    Re: Re:

    That would be "New "York's"

  • On the post: Mexican Gov't Says Starbucks Can't Use Images Of Mexican Artifacts On Mugs… Without Paying Up

    stevestephen ( profile ), 08 Jan, 2010 @ 09:59am

    Re:

    As of the late 90's most all owners of New Your's landmark buildings registered them as trademarks and/or copywritten works. Filmmakers have to pay to depict any skyline image of New York where the Chrysler Building, World Trade Buildings, Empire State Building, etc, are depicted.

    Somehow the Statue of Liberty has fallen under public domain (I'm not an expert). Just like many American master's paintings once they become icons and representation of popular culture.

  • On the post: Mexican Gov't Says Starbucks Can't Use Images Of Mexican Artifacts On Mugs… Without Paying Up

    stevestephen ( profile ), 08 Jan, 2010 @ 09:15am

    Re: It ain't so simple as standard IP law...

    Also, look how we have taken bodies, art, and cultural treasures from non-white-American burial sites, and sold rights to the imagery for text books and publication. Yes, our government has done, and continues to do that.

    Sounds outrageous when some other country does it.

  • On the post: Mexican Gov't Says Starbucks Can't Use Images Of Mexican Artifacts On Mugs… Without Paying Up

    stevestephen ( profile ), 08 Jan, 2010 @ 09:05am

    Watch out Speilberg!

    Every country can claim the rights to the dinosaur species from their lands and territories!!! Any and all profits from Jurassic Park movies will now go to paying rights to species use and representation.

  • On the post: Costume Designer Claims Riverdance Needs To Pay A Royalty For Every Performance

    stevestephen ( profile ), 06 Nov, 2009 @ 09:57am

    Re: Are they his designs

    If a reasonable person would recognize them as based on the original work - yes.

  • On the post: Costume Designer Claims Riverdance Needs To Pay A Royalty For Every Performance

    stevestephen ( profile ), 06 Nov, 2009 @ 09:54am

    Re: Walking billboard

    in the same vein: there is nothing I despise more than truck manufacturers stamping their name into the tailgate and forcing me to advertise for them. I am owed royalties too!!!

  • On the post: Why Do Ebooks Cost So Much?

    stevestephen ( profile ), 21 Aug, 2009 @ 10:04am

    either way

    I just want to make sure the artist/writer makes enough profit to cover the months or years devoted. Buying is my way of encouraging them to write more material I like.

    Do we know that authors make the same amount either way? The publishing industry is just experimenting with the market to see what we will pay and find what model is most profitable.

    Personally, last thing I want to do after 10 on a computer at work is read a digital book.

  • On the post: Once Again, Established Businesses Get Angry At 'Free' Competition

    stevestephen ( profile ), 11 Aug, 2009 @ 07:27am

    let's not forget

    Let's not forget to thank Microsoft, and all the other companies (even Adobe) who have created programs sold on the promise that "you too" can build a web site and call yourself a professional designer!

  • On the post: Once Again, Established Businesses Get Angry At 'Free' Competition

    stevestephen ( profile ), 11 Aug, 2009 @ 07:20am

    agree

    I agree with Liam.

    That being said - I have personally found that it is not financially viable for all agencies have a web design team on staff and people like me get hired to build for them. And yes, there can be a drastic difference between the submitted design that may match a print campaign and what can actually be done. Many times, before I get the job, the client has already been promised the site will "look like this" based on a sketch from a print campaign with web as an unrepresented after-thought.

    Everyone walks a fine line between giving the client what they want and what works in all browsers, loads fast, is easy to navigate, etc.

    I have found very few non-professionals who have anything but a basic idea of browser compatibility, SEO, navigation, usability, etc. it really does take full-time attention to keep up. A professional(s) will have to be involved in the crowdsource redesign or the construction of the design. There are many factors to consider in a highly visible public site build. If not...let's start a count-down to the first lawsuit over accessibility.

  • On the post: So Why Can't Major Record Labels Provide Accurate Accounting To Bands?

    stevestephen ( profile ), 19 Jun, 2009 @ 02:23pm

    Re: few reasons

    I forgot to add: You NEVER got money from record sales!

  • On the post: So Why Can't Major Record Labels Provide Accurate Accounting To Bands?

    stevestephen ( profile ), 19 Jun, 2009 @ 02:19pm

    few reasons

    The only reason for hiding facts and figures (that have been available for years) it to hide theft and skimming.

    With the exception of the most popular legends who can demand upfront payment for going on tour...the record companies own artists and contractually demand they go on tour. The freebie they usually offer is revenue from those expensive T-shirts and goods sold, after they pay licensing to the record company.

    Unfortunately, there are so few big venues that take non contracted artists (they were part of the game before the big sports venues got built) your only hope to get famous and obtain future financial security was to play the game - it's about time that the game changed.

    It is a form of prostitution: Keep them on a schedule that doesn't give time to think or reason or know night from day; Provide drugs and alcohol to confuse them even more. Sounds like pimp tactics doesn't it. Maybe times have changed. I had to get out years ago.