How NOT to Steal

by **Admin** Fri Aug 17, 2012 12:50 pm

How NOT to Steal
a guide on how to avoid unintentional stealing or being accused of theft

here at the HBAD Forum website, we respect all of our artists and coders and we expect all of our members to reserve the same amount of respect and assist us in creating a beneficial and positive atmosphere for all of our members and visitors. in the art industry, whether it be traditional, digital, writing, etc., there will always be some form of theft. it is unfortunate, but sadly true. we do our very best to keep theft to a minimum here in the HBAD, and hope for a day where it can be eliminated in entirety. many times, the theft is unintentional and due to lack of knowledge on the rules and structure of copyrights and licenses. however, this guide will keep everyone in the know of how to safely create an original piece of art using outside resources as examples or as elements of the work itself without infringing on copyright policies.

the following content is provided purely for informational purposes and should not be a substitute for legal or professional advice. keep in mind that this is solely intended to be a guide to eliminate some of the confusion and myths surrounding copyright policies. if you require any legal advice, you should seek the services of a qualified attorney or lawyer.

copyright information

almost anything that is on this site, on the web, on TV, on CD's, on DVD's, in books & in magazines is probably copyrighted by someone. any form of creative work should be considered to be copyrighted by default. this includes the layout images, styles, elements, coding, and overall design. works are not required to have copyright statements printed on or near them in order to be considered copyrighted, so do not assume that the work is unprotected just because you cannot see a notice written anywhere. also, do not confuse the fact that a work is publicly available with the idea that it is public domain or free for use. being easy to find on the internet or on this site does not affect a work's copyrighted status.

what is copyright infringement?

copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission. these actions may include, but are not limited to:

placing a creative work on a different part the internet without proper permission
using someone else's creative work commercially (selling it as your own)
modification or editing of a creative work without the proper permission
adapting a creative work one form of medium to another
using exact elements of a creative work to supplement your own work

how do i avoid infringing on someone's copyright?

the best and easiest way to avoid copyright infringement is by using your own skill, talent, and imagination to create your own completely original work. by definition, when used in copyright matters, "original" means that you created your own work without referencing or deliberately copying someone else's work in the process of your own creation. ensure that all parts of your work, both image and/or coding, are your own original creations. if you have used materials which are owned by other people or companies, make certain that you have obtained proper permission or licensing for the use before you place your work online.

what happens when you post or sell infringing works in the HBAD Forum?

when we are notified of a copyright infringement, we will immediately lock the topic or delete the post after taking a time stamped screenshot of the post and its content. this is a legal requirement on our part, and we will fulfill it as soon as possible.

any owner of a copyrighted work can require the HBAD Forum to remove his or her copyrighted content from the site. if you believe a post or topic includes your copyrighted content, you may contact a moderator or administrator via private message and request a theft case to be opened. all members of our staff will review the information and the the situation will be properly resolved (this may take up to five days).

if you are found guilty of theft and/or copyright infringement, your account will be suspended, and for serious offences banned and deactivated. if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately banned and deactivated.

if i take my work down, am i protected from a lawsuit?

no. if you make a post or post a topic with an infringed work, you are still subject to lawsuit by the copyright holder. even if we take down the work, it is still up to the copyright owner as to whether or not to sue for copyright infringement, which can lead to very significant damages on your part. you may be liable for very significant money damages and legal penalties no matter how much or how little of the copyrighted work you infringe upon.

some general cautions:

In most cases it does not matter how much of the material you have used. Whether it's a single design element, a few lines of coding, a non stock image or any other sampling, it's still considered to be copyrighted and you still require the owner's permission for use.
It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.

**to be continued**