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.

[Brandon Sheley]

If you had it up first on the net, you have the rights.

Contact their host.

[towermatt]

Is there a reason why you wouldn't want the guy memorialized by the signature? It seems like a nice thing for your friend to have it in as many places as possible.

[Newsy]

Originally Posted by Loco.M

If you had it up first on the net, you have the rights.

As I thought, but what remedy do I have in having it removed from the other site?

Originally Posted by towermatt

Is there a reason why you wouldn't want the guy memorialized by the signature? It seems like a nice thing for your friend to have it in as many places as possible.

It was taken in spite, and is currently being displayed out of spite.

[towermatt]

Ah, well that's different then.

In the end, if your friend is being remembered, that is the point of the memorial.

But I see your point, I sure wouldn't want my...say...ex wife with a memorial in her sig to my current wife.

[Newsy]

Originally Posted by Loco.M

Contact their host.

How do I determine who the host is?

Whois is of no help. Comes back with a blank.

[towermatt]

That was my thought, it would be owned by the person that created it. Not by who "commissioned" it.

[Paul M]

Originally Posted by Loco.M

If you had it up first on the net, you have the rights.

I wouldn't be so sure of that, since they created it.

[Newsy]

Originally Posted by Paul M

I wouldn't be so sure of that, since they created it.

While they did in fact create the ribbon, it was done at my direction, and installed on my mboard.

[towermatt]

Is there anyway to get the guy who originally made it to transfer ownership to you? I did that with all official images I "commissioned" on my site.

For instance, my banner was made by someone else and I got them to state in writing that it belonged to TheDarkTower.com

My wiki image is fan art, and it belongs to someone else, if he wanted me to stop using it and give it to someone else, totally acceptable. Since he wouldn't sign it over to me, I have to deal with that eventuality.

banner is here

wiki is here