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Thread: is it legal?

  1. #1
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    is it legal?

    if i download a tamplet or web design but isn't a free ,then i chang its color and add my own decoration on it, is this design for me and it legal to publish it under my name?

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    When I saw this, I thought that this would be interesting...


    It is not legal, seeing as you would be using someone elses design, which you did not create, therefore you would need the designers permission to ask him or her that

    a] you are in possession of the design
    b] you want to ammend the design.

    If you do use it, you will have to have it written on all the pages that the design is on, something that says that the template has been designed by so and so. But even then you will need the designers permission for that.


    You should design your own templates, that way you are risk-free and certain that you can go on and do what you want, without any thought of whether the designer somehow stops at your site, wondering why his work is being used.


    Ionsurge.
    http://www.mudsplat.com - Web design, print, and marketing solutions.

  • #3
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    Originally posted by ionsurge
    When I saw this, I thought that this would be interesting...
    Sure. Where does end the inspiration that you get from a web site (because you like it's buttons or distribution or shape or colors, ....) and starts the plagiarism?

    Obviously, if somebody just downloads your site and modifies slightly (or not at all) your design, that's plagiarism, but what to do if he recreates it from scratch, redrawing it in a graphic program? then (and if the first design is not registered) both have "original files".
    Also, what is original and what is just a "common idea"?

    ...
    Don't resist to assimilation. Billions of Borgs can't be wrong!

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    Those are very good questions. I think its safe to say that we've been trying to lock that one down as long as the concept of intellectual property has existed. It's definitely one of those shades of grey things.

    I would say that your own conscience is the guide - you know in yourself whether what you;ve done is inspired or copied; that might not be court-admissable, but it's a useful, personal rule of thumb.

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    Definitely shades of grey. It is allowed to take a design and change it significantly to become your own. Unfortunately, the 'significantly' is to be determined in the courts.

    Another option would be to use a totally free template of which there are many.
    Zoobie or not Zoobie...That is the problem.
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    Music is an interesting example - it used to be held, by precedent, that 7 bars of music which are "substiantially the same" as another piece constitutes plagiarism.

    But then sampling came along, and in one particularly significant case, the record co. that owned James Brown's mechanical copyright successfully sued (can't remember who - a hip-hp outfit I think) for having used a single vocal sound from a record - that "huh" he does. The case was upheld because it was sonically unique and therefore clearly a violation of mechanical copyright.

    The web is still in its relative infancy; I should think that over the next couple of decades the law will become clearer and more specific about what is and isn't copyright infringement.

    Who knows .. we may see cases based around a single visual effect ..

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    I'm not familiar with James Brown's "huh!" but would recognize his "ow!". It sounds like he hit his thumb with a hammer or something..."ow!"
    Zoobie or not Zoobie...That is the problem.
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  • #8
    Senior Coder Mhtml's Avatar
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    Hey just a note, it completely depends upon the copyright notice which you must read upon the purchase. If you actually buy it and the copyright does not explicitly state that the design is sole property of blah blah company and all it's registered affiliates blah blah blah....Then you own it! It is like buying a patent.

    It is a simple as that, just like material goods when you pay for them you own them (unless of course it's a hire thingy) but you don't own the design right? Well unless you are buying a patent in which case not only are you rich and possibly getting richer you own the complete design as well as that little thingy you just bought.

    So as long as they do not state that buy purchasing it you are just leasing it under copyright so you never actually own it (the design) so you can't sell it and don't say that the design stays copyright to them it is yours to do what ever you want.

    Like someone has previously said if you download someone's website and open up your graphics program and create a near perfect copy you literally own it. It may be exactly the same but since it is your work it is yours.

    If you own copyright you own the design in every aspect and it was legally created by you.
    Omnis mico antequam dominus Spookster!

  • #9
    Senior Coder Mhtml's Avatar
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    Woah, freaky coincedence....James Brown was just on the radio.

    HUH, so good, so good I got you! da da da da OW!
    There ya go zoobie..lol
    Something along those lines.
    Omnis mico antequam dominus Spookster!

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    Like someone has previously said if you download someone's website and open up your graphics program and create a near perfect copy you literally own it. It may be exactly the same but since it is your work it is yours.
    Apply that to the James Brown part of the conversation. Let's say I take a James Brown song, and starting from scratch, transpose it into a key higher. I do my own "Huh" and "Owwww!" sounds (which of course sounds similar LOL). The work done is -mine- but the song sounds the same except one key higher. Who's intellectual property is it? His, for the original work, or me for my original work transposing it to a key higher?

    That's why this field is so difficult. Whilst I have no sympathy for scum-sucking bottom-dwellers (in suits), that's one minefield they can definately have all to themselves...

    Going back to the original question by ahmedsoliman - looking at websites and seeing how they're coded, what snippets are used etc is all well and good, a lot of people do that. If all you're doing is adding a different color scheme, or a few decorative baubles here and there, then you're simply copying original work IMHO. By strict definitions of the patent offices around the world, you are too. Make something original using other peoples' work as a guide, not as a template. Add something to the web, because so many people take something from it and never give back.

    MrDoubtFire

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    If you know the limits and essence of "inspiration," you wont end up copying one's work. The owner of your so-called inspiration would be glad to hear from you and see your work.


    MrDoubtFire
    Add something to the web, because so many people take something from it and never give back. - I TOTALY AGREE!
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  • #12
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    well, at the end of the day... everything goes dark and they call it night.

    apart from that it's alot more satisfying to upload a website that was coded by you from scratch, even if the design looks familiar. where you draw the line between "inspired by whoever" and "copied off whoever" must have be laid down somewhere but at the moment i think it's anyones guess....

    back to the original question:
    if i download a tamplet or web design but isn't a free ,then i chang its color and add my own decoration on it, is this design for me and it legal to publish it under my name?
    i would say that is illegal... but im not the one making the rules.
    redhead


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