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The Magic Cafe Forum Index » » I want to see the manager! » » Copyright in Posts » » TOPIC IS LOCKED (0 Likes) Printer Friendly Version

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Profile of cloneman
Please notice that at the bottom of the page is a statement which reads: “All content & postings Copyright © 2001-2006 Steve Brooks. All Rights Reserved.”

This statement can not mean what it seems to. Is Mr. Brooks claiming a copyright in all of our posts? If so, I emphatically protest.

It would seem ironic to the highest degree if a forum, which is largely dedicated to the safeguarding of magician’s intellectual property rights, were attempting to capture the intellectual property rights of those who posted to the forum.

As an author and attorney I have posted excerpts from my articles and other writings with the intent to share my knowledge with the magic community… not with the intent to transfer any ownership interest in the materials to Mr. Brooks or the Café. At most, the Café has a non-exclusive license to display my copyrighted materials.

I give Mr. Brooks the benefit of the doubt and assume that the copyright notice should be read to mean that he is claiming copyright to all of the content created by him or created by the entity which owns the website and that NO COPYRIGHT INTEREST IS BEING CLAIMED IN THE POSTINGS OF THE CAFÉ MEMBERS (Staff, perhaps, excluded).

I welcome the opportunity for Mr. Brooks to clarify this issue.

Thank you.

NFOX replied:

I believe somewhere (I can't seem to find it now), Steve Brooks claimed that while the posts themselves are copyrighted all ideas remain our exclusive intellectual property. I can't remember where I saw it, or if it really even exists, but to the best of my memory that is the policy.

I would love to see that policy; it would be appalling and inaccurate if it was the policy. Under U.S. law, in contexts like this one, the transfer of a copyright interest must be “in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.” See 17 U.S.C. 204.

The posting of a copyright notice claiming ownership in another’s copyright will not suffice.
"Anything is possible... if you don't know what you are talking about."
Larry Barnowsky
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Inner circle
Cooperstown, NY where bats are made from
4865 Posts

Profile of Larry Barnowsky
I would think that perhaps he is claiming that the content in the form that we see it on the Café is copyrighted, not the words of the post itself. For example if someone were to copy an exact posting using the Café logo and Café format in such a way that it appeared that the Café was endorsing this, then I think they might have infringed on his copyright. However if you copy the text and use it somewhere else in a book or another website then I think, unless the author of the posting posted a copyright warning, one could rightly assume this was in the public domain just as if you shouted it out in the public square.
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Inner circle
4283 Posts

Profile of Daegs
This is private property.

If you come inside my house, use my pen to write on my paper and then leave the cost of housing those papers to myself(not paying for storage), I don't think that claiming ownership over those papers is in any way illegal.

You make a choice to post here on this *PRIVATE* website, and you should live with that choice, imho.

This is not like a public square or anything else public, we are writing things on private bandwith and storing on private servers....

If you don't like it, then you should make your own private website with its own rules, but not complain about these....


Remember he is not claiming transfering of the copyright, he's claiming initial copyright as the msg is written and stored with and on his private property... if you post here you never have the copyright to begin with.
Jonathan Townsend
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Eternal Order
Ossining, NY
27136 Posts

Profile of Jonathan Townsend
As long is the IP stays here on the Café, I'm okay with his protecting the posts from being copied out elsewhere. all the coins I've dropped here
Josh Riel
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Inner circle
of hell
1999 Posts

Profile of Josh Riel
I am a supporter of Mr. Brooks and the Magic Café'. I wish this to be known first and kept in mind as you may read the following. Also, I have never had an issue with the Café' selling distributing etc. my e-mail addresses, they have kept faith.

However, it is an interesting concept that there may be the opportunity to sell this site, and the new owner could read through the many thoughts and ideas presented and use them to their personal design/marketing advantage.

I would suppose that we would then use discretion in what we post not only for the "Muggle" readers, but also for the information we may present and it's future application. This is one of those "Buyer beware, dude" things. Even though we have not purchased anything we certainly have paid in our own little way with dissemination of information.

I, however, am unconcerned. I don't think I have ever posted anything that would be of value to anyone.
Magic is doing improbable things with odd items that, under normal circumstances, would be unnessecary and quite often undesirable.
Dave Scribner
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Assistant Manager
Lake Hopatcong, NJ
5168 Posts

Profile of Dave Scribner
This has already been addressed here!
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