Hello.
I am GamerChappy, one of the original owners of #Absolution. I've decided to post here to clear up some problems and hopefully provide a solution. Ownership was given to me by trevor1641 and I managed the clan until it went dark (again).
Click here to view the old thread.
For easier reading, I will point out things in this post that you need to consider.
Here are some answers:
1. TeeeNTeee a.k.a Taine
IS trevor1641. Contact me via PM and I can provide you with his old Skype and past conversations. Listen to what he says.
2. '
Copyright law protects "original works of authorship," fixed in a tangible medium including literary, dramatic, musical, artistic,
and other intellectual works.'
This includes the name.
3. 'There are
six basic rights protected by copyright. The owner of copyright has the exclusive right to do and to authorize others to do the following:
- To reproduce;
- To prepare derivative works based upon;
- To distribute copies of;
- To publicly perform;
- To publicly display;
- To digitally transmit;
A violation of any of the exclusive rights of the copyright holder is a
copyright infringement, unless fair use (or a similar affirmative defense) applies.
4.
Fair use states that "the fair use of a copyrighted work ... is not an infringement of copyright." Some notes to consider about fair use:
- Purpose and character of use, including whether the use is of commercial or nonprofit.
- Nature of the copyrighted work.
- Amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- Effect of the use upon the value of the copyrighted work.
"The justification of the fair use turns primarily on whether the challenged use is
transformative. "The use must be productive and must employ the quoted matter in a different manner or for a
different purpose from the original. Material that merely
repackages or republishes the original is
unlikely to pass".
5. To sum up;
- trevor1641 and GamerChappy are the original owners of the intellectual property "Absolution", which was used as a name for a Minecraft PvP clan for MCSG, a group of 'Hunger-Games-style" Minecraft servers, specifically, Australian servers. The nature of both 'yours' and 'ours' is identical. Fair use can now no longer be applied as a dispute.
- According to the six basic rights, you can not reproduce, publicly display, or digitally transmit this property without the owner's authorization.
- Not only have you not been given permission to use this work, but you are acting like you own this property. Even then, you have denied to comply with the owners of this property (TeeeNTeee) after they have asked you to take it down.
6. As a final statement;
According to Copyright law,
you have infringed multiple rights which protect this property. As an owner 'Absolution', I will give you a few options that--if followed--will fix this problem.
a) Acknowledge the original owners, by
giving them credit in your promotional title and in the information tab of your clan. It should look like this:
Not only are you crediting the original owners, but you are
referencing veterans of MCSG which is sure to boost your reputation. It's a win-win.
If you do not comply with these simple terms you will have to:
b)
Change the name of your clan, meaning you can no longer reference the past reputation of Absolution.
c)
Disband the clan (willingly or by force).
Regards,
Daniel.
