Copyright Question

This may be a difficult set of circumstances to explain, so please bear with me.

I own the domain name and license to operate a news/political discussion forum. The forum has been in operation for 2 +/- years. Recently, we had a member to pass away. At the time I heard the news, I requested my admins to create and install a memorial ribbon in his honor. That ribbon contained his name, screen name, and dates of birth and life. It was a touching addition to the forum. The installation was made incorporating the ribbon into the banner of the forum.

Here is where the twist begins to unravel. The two Admins I made the request of, also operate a vb forum. We recently experienced a split from my forum to theirs over hurt feelings, etc. Upon exit, one of the departing members copied the memorial ribbon before exit and presently uses it in their signature at the other forum.

In trying to take the proper steps to remedy the copyright infringement, I cordially contacted the admins and respectfully requested that the ribbon be removed, which they declined. To make matters worse, one of the admins started a thread at the forum condoning the theft, and the actions of the particular member.

Here is my position:

1) I personally commissioned the creation and installation of the memorial ribbon specifically to my forum. The ribbon was never displayed in any shape, form, or fashion at any other forum until this disgruntled member did so without permission.

2) The deceased member stated prior to his death that along with my forum, he only visited a couple of RV forums, but spent most of his internet time at my forum.

Question(s)

1) Is this in fact a copyright infringement?

2) Do I have remedy? I am not interested in filing suit, but I want the ribbon removed from the other forum and possibly the offending members banned for violating copyright infringements as spelled out in the vb licensing agreement.

[Paul M]

I doen't matter where it was displayed/installed first. Copyright rests with the creator of the work. If they created it, they own the copyright, not you.

[Newsy]

Originally Posted by Paul M

I doen't matter where it was displayed/installed first. Copyright rests with the creator of the work. If they created it, they own the copyright, not you.

I understand what you are saying, but somehow that doesn't wash. I requested the creation, so once completed and installed, does that not make it mine since I asked for it, or it was gifted to me, so to speak?

Secondary to that, by licensing agreement, any post made at that forum become mine as well. Is this not the same thing?

[towermatt]

It wasn't gifted to you unless the creator of the image put it in writing.

If it was a case of simply posting it on your site for ownership, that would mean this banner would be owned by vbulletin.org when I posted it.



that doesn't seem fair does it?

[EnIgMa1234]

I don't think theres anything you can do. They made the image, they own it. They actually could make you take it down. The only thing you can do is to try and reason with the guy.

[Newsy]

Originally Posted by towermatt

that doesn't seem fair does it?

So, if I create a banner for you and install it on your site, all at your request, I can still take it back or claim ownership?

Not only does that not seem fair, it seems profoundly illegal.

[EnIgMa1234]

Asking for it isn't enough. You would need an agreement between you and they maker saying that you now own it.

[Paul M]

Originally Posted by Newsy

I understand what you are saying, but somehow that doesn't wash.

Wash or not, afaik, it's fact. If a legal expert can state otherwise then they are free to correct me.

Originally Posted by Newsy

Secondary to that, by licensing agreement, any post made at that forum become mine as well. Is this not the same thing?

Well that depends on what you agreed to when you joined, at CF we have a clause in our terms like this ;

You will acknowledge and accept that all content posted on this site becomes the property of the site owners, you acknowledge that You are the author of each message posted and CF are the publishers.

But yes, in the absence of such terms your post is owned by yourself and should not be reproduced elsewhere (I believe this is a dodgy area as far as search engines are concerned).

[towermatt]

Originally Posted by Newsy

So, if I create a banner for you and install it on your site, all at your request, I can still take it back or claim ownership?

Not only does that not seem fair, it seems profoundly illegal.

That's why I made him give it to me in writing. Otherwise, the scene you describe is totally legal.