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General Byte Chat Thread, Question about copyright in Scrappers Community; I am with Tracey on this one. I think this claim is groundless. The placement of the pictures in your ...
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Old 02-17-2006
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I am with Tracey on this one. I think this claim is groundless. The placement of the pictures in your baby announcements are rather common (please don't take this as an insult; I think they are really cute.). There is no way anybody could claim a copyright on this particular way of arranging the pictures on a page. Just take a look in the gallery and see how many layouts you can find that are arranged the same, I bet it's hundreds.

To me it sounds like a bad case of rivalry. It's really sad that some people have to resort to threats and intimidation rather than healthy competition.
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Old 02-17-2006
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Ok, so she's threatening to sue me - any suggestions about how to proceed?

"I'm sorry to hear you are refusing to remove the copied designs. They are registered with the US Copyright office. You neither asked for nor received permission to use my work as the basis for your designs, nor to make or distribute copies of it.
Therefore, I believe you have willfully infringed my rights under 17 USC Section 101, et seq. and could be liable for statutory damages as high as $100,000.00.

As much as I hate to give my hard-earned money to our attorneys, I will not hesitate to take legal action. I am obligated to defend my work. These are original designs created by me, and whatever the source of them on your site is, it is just not legal NOR ethical for you to sell them."


I'm flabbergasted here - I mean, if she indeed copyrighted the placement of these photos on a page wouldn't she have some proof?

Last edited by CraftyMommy.com; 02-17-2006 at 10:06 AM.
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Old 02-17-2006
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OMG this is absurd! I can't believe she is threatening to sue you! Ask her for some proof of the copyright.
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Old 02-17-2006
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Yes to what Gina said. E-mail her back and tell her you'll take the birth announcements down if she provides proof of copyright. If she does indeed have a copyright for any particular layout you'll need to rework your birth announcements, if she cannot provide proof of copyright the argument is over. This will settle it.
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Old 02-17-2006
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Quote:
Originally Posted by Jana1506
If she does indeed have a copyright for any particular layout you'll need to rework your birth announcements,
And so will half the 'net! LOL Thank you all so much, I'll keep you updated.
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Old 02-17-2006
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Wow why would anyone pay money to get a copyright of such a LO! Not to say that your's are not nice...but why would you pay to lay claim to a couple tilted photo's!

Maybe she is nieve about digital scrapbooking and actually how many LO's are out here that aready use that LO design and so many other sketch designs. Now why wouldn't someone like Becky Higgins copyright her LO sketches...the placement in her's are 100% more unique!!

I would assume since she says it is registered at the US Copyright office she must have a copyright patent number! I would ask for that and anything that would be a visual clue image of what she exactly has copyrighted. She would have had to have a diagram of what she wanted to copyright and a detailed list as to why it is different enough that it could be copyrighted. You can not just copyright an idea, like I said that would be like someone trying to obtain a copyright for a 12x12 piece of digital paper with dot or stripes!

It also would be like trying to copyright a #2 pencil....unless you create awhole unique NEW idea of a pencil...like one that works on batteries or something...someone can not just copyright the whole pencil industry!

So this lady is only saying the placement is her's right...not the papers, the text fonts or anything right?

Last edited by Tracey R (Haley64); 02-17-2006 at 11:20 AM.
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Old 02-17-2006
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After reading this thread, I'm wondering if you can copyright a layout. In other words, can you copyright the placement of photos? I'm not sure you can. That's my thought, anyway.
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Old 02-17-2006
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Wow this is all kind of weird..... I am with everyone else. I would keep your email very polite and just explain to her that you are sorry to have upset her but you are still confused as to what exactly she has copyright and could she please send you the info on the copyright,.... or something to that effect. After she sends you the stuff i would most definitely check it out and make sure that it is true... Still it all sounds a little weird. If she is copyrighting stuff she probably has no use for your services... so is she just fishing for people using her stuff? And i don't really see how you could copyright something like that....and how is anyone to know ... I have at least 3 lo that are so close to that ... hmmm cant wait to see what happens
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