LGBTQIA:Copyrights
Copyright Law
As this wiki is hosted by MyWikis, copyright rules are as per the US Digital Millennium Copyright Act of 1998.[1] If you suspect that any content on the wiki violates your copyright, please notify us promptly.
Copyright Eligibility
Copyright is established as soon as a fixed tangible form of media is created. Registration is not required for copyright to be established or enforced.[2] To be eligible for copyright, the media must be:
- original: have at least a small portion of creativity, and must not include media that is copyrighted by another party;
- fixed and tangible: examples include digital writing, writing on paper, a sculpture, or a recording.
It is important to note that individual words or short phrases (and sometimes long phrases, especially in factual contexts) are not considered eligible for copyright. Due to copyright requiring a tangible medium, ideas and concepts are also not copyrightable.[3]
| Content | Eligibility | Reason |
|---|---|---|
| See Here | Ineligible | Media contains work copyrighted by another party |
| The term lesbian | Ineligible | Words or short phrases cannot be copyrighted |
| The concept lesbian | Ineligible | Concepts or ideas cannot be copyrighted |
| "A demisexual is someone who does not feel attraction for someone until they are closely or deeply emotionally connected or bonded to that someone." | Potentially Ineligible | Factual information |
| "I felt it important to redesign this as I classify my own gender as UIN. Like the ocean, it's there, but who knows what's in it. We can see little aspects of it like the shallow fish but never truly know what's so deep down." -Jeb_CC | Potentially Eligible | The concept is ineligible, but the writing itself may be eligible. |
|
Potentially Ineligible | Media does not display enough creativity |
|
Potentially Eligible | Media displays creativity and originality |
Usage within the Wiki
The wiki is designed to be a transformative noncommercial educational platform for factual information. All externally sourced content on the wiki is used under Fair Use, unless stated otherwise.[4]
However, all content that is sourced externally must be cited. Written context must be quoted and attributed to the original source. Images are uploaded so that they may be displayed on the wiki, but must be attributed to the original source on both the file itself and any articles the image is displayed on.[5]
Uploading Images
Rather than the wiki trying to figure out what should be copyrighted or not, we default to Fair Use unless the author has explicitly licensed it. Before uploading an image, please evaluate the following in order:
- is the image public domain? If so, you may upload the image. Ensure the license is set to public domain;
- does the author disallow their content to be reshared or republished elsewhere? If so, do not upload the image;
- is the image breaching or potentially infringing on someone else's copyright? If so, do not upload the image;
- does the image have a copyright license that allows redistribution? If so, you may upload the image. Ensure the requirements for that specific license is followed;
- did the author give you explicit permission to upload the image, and do you have documented proof? If so, you may upload the image. Ensure the license is set to permission given;
- all other images are free to be uploaded. Ensure the license is set to fair use.
Common Flag Creator Licences
Hidden Large Table
For ease of access, see below for a list of common flag creators and their copyright stances. The Use Template column should only be referred to for flags explcitily created by the respective individual. Otherwise, follow the copyright of the original creator. If no original creator is stated, or the creator does not provide their own copyright stance, assume fair use
| Creator | Link | Terms | Use Template |
|---|---|---|---|
| The MOGAI Dragon | Tumblr Link | "You can make edits or remakes of my flags, repost the terms I’ve coined on other websites, create new terms inspired of them, use the flags on merch/in your creations, etc. Don’t change the meaning of my work if you do.
Credits are very appreciated and usually not obligatory. However, don’t pass off my work as yours. Whenever it’s by the wording of your sentences, only crediting yourself when your work is heavily inspired from me, crediting yourself when your post is a repost of my work, etc. Be creative but respectful. You can link to my posts, tag me or just write my pseudo as a credit."[6] |
LicensePermissionGiven |
| Beyond Mogai Pride Flags | Carrd Link | "Do you make all the flags?
Not all of them, some of them we either find or are submitted to the blog."[7] |
LicenseFairuse |
| Pride Color Schemes / Pride Flags | DeviantArt Link and Tumblr Link | "Q2: Did you make all of these flags?
A2: Oh dear no, that would be a lot! We’ve made a ton but the majority of the work done here is simply cleaning up existing flags in high quality to be accessible and usable by the community. We try our best to properly credit the original creators but it’s a challenge with so many flags–especially with so many people changing blog names or deactivating. Anything made by us will be clearly marked in the post description. If you do not want your flag displayed here (y tho) let us know and we’ll remove it. Just don’t be rude. Q4: Can I use these flags to make graphics or adopts or anything pride-related? A4: Yes, absolutely! The nature of pride flags is to be free and in the public domain since they are made for the community. Go wild! Do whatever! Make a little money! However. If you’re going to just rip these flags out and upload em on another site to sell as-is (that is, not edited in any way), please at least give me (and the flag’s original creator) a small cut of the profit. I’ve poured hundreds of hours on this project as the main contributor so it’s a bit frustrating to see other people making a profit from my work."[8] |
License CC0 1.0 (Public Domain) |
Wiki's Own Copyright
By default, all wiki content (excluding content copyrighted by other authors) is considered CC BY-NC-SA 4.0. This means that wiki content can be:
- shared or redistributed
- remixed or transformed; and
Redistributed content must:
- have credit given to the wiki
- provide a link to the license
- indicate if changes were made
- not be used for commercial purposes
- if changed, be redistributed under the same license
Morals
Here at LGBTQIA+ Wiki, we strive to avoid what professionals call "a dick move". Whilst original concepts and individual words cannot be copyrighted, we still credit individuals regardless, even if their piece of work is just "Cactusgender, a gender related to cacti".
Regardless of copyright status, if your work is referenced in the wiki (either citing a direct work of yours, or an indirect redistribution), and you would like it to be removed - we can remove it for you. To make such a request, please contact us and ensure you can provide proof of authorship.
Resources
- ↑ "DMCA Compliance". mywikis, https://www.mywikis.com/dmca. Accessed on 25 Feb, 2024.
- ↑ "Copyright in General". Copright.gov, https://www.copyright.gov/help/faq/faq-general.html. Accessed on 25 Feb, 2024.
- ↑ "Copyright Basics". University of Michigan Library, 5 Jan, 2024, https://guides.lib.umich.edu/copyrightbasics/copyrightability.
- ↑ "U.S. Copyright Office Fair Use Index". Copyright.gov, https://www.copyright.gov/fair-use/#:~:text=a)(3).-,About%20Fair%20Use,-Fair%20use%20is. Accessed on 25 Feb, 2024.
- ↑ "Can I Use Someone Else's Work? Can Someone Else Use Mine?". Copyright.gov, https://www.copyright.gov/help/faq/faq-fairuse.html. Accessed on 25 Feb, 2024.
- ↑ themogaidragon. "Copyright Status And Credits:". Tumblr, 11 Feb, 2022, https://themogaidragon.tumblr.com/post/675884172635734016/copyright-status.
- ↑ beyond-mogai-pride-flags. "FAQ". Carrd, https://beyond-mogai-pride-flags-faq.carrd.co/. Accessed on 20 Mar, 2024.
- ↑ pride-color-schemes. "FAQ". Tumblr, https://pride-color-schemes.tumblr.com/FAQ. Accessed on 20 Mar, 2024.
