Oric logo Copyright question

Oric logo Copyright question

Post by Han Karlss » Tue, 05 Oct 2004 04:39:08


Hi
This question has probably been discussed before, but I ask it anyway.
Is the Oric logo copyright protected?
If yes, who ownes the copyright?
If no, can I use it for non-profit use?

Regards
Hakan Karlsson
 
 
 

Oric logo Copyright question

Post by Steve Mars » Tue, 05 Oct 2004 20:25:41


"Han Karlsson" < XXXX@XXXXX.COM > wrote


In theory it is under copyright protection. In practice the company has gone
and no-one we know of has taken on ownership so there is no-one who has the
right. For published works the right lasts for 70 years now. (IIRC)

The law varies about such things in different countries. It may be a trade
mark or logo which may be protected in it's own right (i.e. separate from
copyright). I believe such things are protected in France, for instance.

It doesn't matter to copyright whether or not you are making a profit.

Can you use it ? Yes. Many of us have been using it with any consequences.
Copyright is just a right and it needs someone to claim their right. I don't
think anyone is, or will because 'Oric' is not a 'going concern'.

Steve M

 
 
 

Oric logo Copyright question

Post by Anders Car » Tue, 05 Oct 2004 21:04:15

"Steve Marshall" < XXXX@XXXXX.COM > writes:


Very good written! In practise, I think it is possible that someone
can be hiding, holding a currently "unused" copyright and not react
upon unlicensed use as long as no profit can be shown. On the other
hand, if that someone doesn't give themselves away, it is much harder
to ask for permission in advance.

As a side note, something interesting is going on both with the Atari
and Commodore brands at the moment. Since Infogrames took over the
Atari brand, they recently seem to rather strongly hunt down piracy
and trade mark infringements in homebrewn releases, at least those
for sale. The community is not amused. Tulip have so far a slightly
more careful attitude towards the Commodore community, but have made
it clear that they will also take measures against piracy of genuine
C= titles (mostly some early cartridge games then) and will even try
to charge a license fee from hardware manufacturers selling 3rd party
peripherals, something most people find ridiculous.

--
Anders Carlsson
 
 
 

Oric logo Copyright question

Post by Steve Mars » Wed, 06 Oct 2004 05:23:09


"Anders Carlsson" < XXXX@XXXXX.COM > wrote


It's interesting what has happened to Atari over the years. I'm not sure if
Infogrames owns all the previous software or just the brand name - or if it
owns anything on the hardware side. With a company such as that they have a
brand identity and people releasing material under their name may cause some
confusion.
Are Atari products freeware, shareware or PD ? Generally speaking, no.
Over the years there have been people owning the rights to Atari. There were
CDs with many of the titles converted to run on a PC for sale though not
many showed an interest. There have been various products that you can plug
into a TV and play old Atari 2600 games - so it's always been a going
concern although the market for the old formats pretty much died over ten
years ago.

I think it's good to see the Atari name back in action. Shame Infogrames has
gone though.
Interestingly enough I've tried asking Infogrames about the status of their
old Oric titles a couple of times and never got a response. Shouldn't they
make it clear to people what their position is on old software ???

There are no such concerns with Oric. No-one - *as far as we can tell* has
bought rights to the company which was (probably) liquidated. The only
people 'marketing Oric software are user groups of which there is now only
one. And as far as I'm aware CEO only has rights to it's own software.

Steve M
 
 
 

Oric logo Copyright question

Post by Anders Car » Wed, 06 Oct 2004 15:03:58

"Steve Marshall" < XXXX@XXXXX.COM > writes:


Only themselves know. In theory, they can tell a lie about they have
all the hardware patents (now expiring) and software copyrights, only
to make sure there is no competition. In the case of an "infringement",
a law suit would tell if they really have the rights or not.

The same holds true with Commodore/Tulip by the way - several C= fans
find it impossible that Tulip has acquired any rights to the hardware
designs or old software. Again, I suppose a law suit would tell.


The latest trend are these X-games-in-device like the NES clones in
the 90'ties, but this time officially branded (C64DTV, Atari Flashback).
Other than these units, I think the new products will have little to
do with the old products. :-/

--
Anders Carlsson
 
 
 

Oric logo Copyright question

Post by Jani Tiain » Wed, 06 Oct 2004 21:47:26


Trademarks must be registered before they are under legal actions. Of
course there is countries where registration of trademarks is
impossible. In global aspect you post application to WIPO (World
Intellectual Property Organisation) and you have to have application in
process in country of company origin, or preferably an existing trademark.

Logo itself isn't a trademark, (it may present a trademarked product)
logo is always under copyright law.


Definitely not, and copyright is something that comes always along with
produced material, pictures, books, texts, articles, music, software
etc. Depending on country copyright usually lasts life time of author
and 70 years _after_ that.

Another thing is copyright that doesn't really concern material, more
like performance, photographs, movies, signal broadcasts and such. There
is shorter period for copyright (50 years from performace/publication
day). Databases and (big, combined) lists are also protected, but only
for 15 years.


Yes, this is very true. Until someone claims his/her rights to Oric logo
you can use it. Well, actually you shouldn't use it, but since no-one is
after his/her rights you can break the laws.. =) In some cases long
term ignorance can be seen as giving up rights.

Now what comes to Atari I was very surprised to see that at least two
newest Deer Hunter games for PC contains very big Atari logo in intro..
=) I think it's first thing that comes up when starting game in question...