Copyright?

[vikkic]

I run a small dyeing business and convert cross stitch patterns from other fibers to my fibers. I'm using OsCommerce.

Example: on the Product page, I say this is Bobby Jo's Pattern of Cross Stitch converted to my silks. I then make a list of the fibers used for the pattern, scan the fibers, and afix a price. On the For More Information Visit This Products Website link on that page, I was adding the url to that pattern picture somewhere on the Internet (www.*******.com/pattern.html).

 

Recently several designers have complained that I am violating their copyright by saying their business name (Bobby Jo) and their pattern name (Pattern of Cross Stitch) on the site and have threatened to inform my ISP that I'm violating their copyrights.

Several on line shops have complained that the link to their web site is illegal and they too will complain to my ISP and shut me down.

 

I had understood that linking to other web sites wasn't illegal and that mentioning a business name on your site wasn't either.

I took down the links but I'm feeling like I was bullied! Am I indeed in violation of the ISP terms and conditions??

 

Vikki

 

Edited by TCH-Raul: the URL you posted goes to an adult site. I removed it.

Edited March 16, 2005 by TCH-Raul

[TCH-BillH]

Hi Vikki,

 

I have run into may people who have taken images that they have found on the web thinking that the web is "free" and made those images their own, without regard to the rights to those images. This indeed would be wrong.

 

Linking to other websites, as far as I know, does not violate any copyright, as long as you do not purport the material as your own (i.e. click here to see more of MY products ...)

 

Linking to other peoples images is not good. The images become part of your website and are perpetuated as something you authored. In addition, linking to images on another website will use bandwidth from another person's resources.

 

Copying text as well, word for word, without giving credit to the author and the source, thus making the content your own, would also be a violation.

 

In your case if you are using unique product names and designs that were created and authored by another party, this could be a violation.

 

Keep in mind that there are some exceptions to all rules and all rules have exceptions. These are VERY GENERAL guidelines.

 

The thing to remember is that nothing is free and free to use on the web unless it is explicitly stated so ... and even then you should be looking for the catch!

 

Good luck to you in your business endeavors!

[vikkic]

In your case if you are using unique product names and designs that were created and authored by another party, this could be a violation.

<{POST_SNAPBACK}>

 

So how will this complaint be handled when reported to Total Choice?

 

 

Vikki

[TCH-BillH]

All complaints that TCH receives are looked into individually.

 

If someone complains that your website contains copyrighted material, and this claim can be substantiated, your website could be suspended. We cannot host websites that contain illegal content.

 

I would suggest that if belive this may be the case that you open up conversations with the people who are complaining about the things on your website and try to resolve it between the two of you. Generally a lack of communication in matters like this grows distrust between persons and things could escelate when there is no need for them to do so.

 

I hope that you can work this out and that there is no need for them to go any further with this.

 

Working with you,

[TCH-BillH]

BTW - If there are specific issues that you are concerned about, please open a HD ticket to the Abuse department and we can look into more closely. The forum really isn't the place to get into account-specific details.

 

Thank you!

[vikkic]

BTW - If there are specific issues that you are concerned about, please open a HD ticket to the Abuse department and we can look into more closely.  The forum really isn't the place to get into account-specific details.

 

Thank you!

<{POST_SNAPBACK}>

Thank you VERY much - that's the answer I was looking for!

 

Vikki

[vikkic]

OOPS! And I only made up that web site! How embarrassing!!

 

 

Vikki

[TCH-Don]

OOPS!  And I only made up that web site!  How embarrassing!!

 

 

Vikki

<{POST_SNAPBACK}>

LOL if you want to use a safe example

use www.example.com

 

 

I always ask the site owner if I can link to them giving an idea of how I want to use their link or a quote with credit

and if I can use a certain content with credit back to them

 

So far I have always received an ok and I keep the e-mails on file.

[TCH-BillH]

I always ask the site owner if I can link to them giving an idea of how I want to use their link or a quote with credit

and if I can use a certain content with credit back to them

 

Sounds like good advice to me TCH-Don!

[Deverill]

For what it's worth, you can link to anyone you wish without permission as long as you don't misrepresent them. How else would there be about 13 million links to Microsoft.com? I'm sure they didn't ask.

 

It's similar to someone coming into your shop and asking for something you don't have and you tell them they can buy it over there at Walmart.

 

As for taking another person's pattern and transferring it to your own silks, that sounds like you could get into some legal trouble for doing that alone, muchless posting it on your site. It would be like me selling mouse pads that I made up but amazingly enough they have the TotalChoice Hosting logo on them.