Messing about in boats since 1975. Online Since 1997.
Home | Intro | Our Design Process | Stock Design Info | Motor Yacht Designs | Sailing Yacht Designs | Prototype Designs
Plans List | Articles | Our CAD Design Stream | Maxsurf | SITE MAP..! | Site Search | Design Team | Contact Us
Please see the AVAILABLE BOAT PLANS web page
Copyright
This Article Copyright 2021 Michael Kasten
Notes Regarding Use of Our Copyrighted Web Site Content
All images, drawings and written material at www.kastenmarine.com are copyrighted materials, originated by Michael Kasten of Kasten Marine Design, Inc. All content at these domains has been registered with the US Library of Congress and the US Copyright Office.
Copyright violations will be prosecuted. Copyright violation / infringement will be considered to have occurred in any of the following cases:
- You could be held liable for copyright infringement if you copy images, drawings or written material from the above mentioned web domains.
- The length of a copied document or size or portion of a copied image does not matter, and the amount of a document or image that you may have copied does not matter in such liability.
- In other words, copying even a small part of a document or image or drawing will expose you to liability for copyright infringement and prosecution under US copyright law.
- Although copyright notice on the original work is always recommended, copyright notice is not required for a work to be protected by copyright.
- In other words, immediately upon creation of a written or graphic work, copyright protection is automatic, and the created work belongs to the originator of the material.
- Distributing copyrighted content without the copyright owner’s permission is copyright infringement, even if you distribute it for free.
- There is no exception to those rules in the event of unauthorized copying or distribution of copyrighted works for "private" use or for educational or for non-commercial use.
- In other words, even if you share a copyrighted work with friends or family, or use a copyrighted work for educational purposes, you could still be held liable for copyright infringement.
- You could be liable for copyright infringement even if you provide information in order to properly credit the work to the owner or author of the copyrighted content.
- Even if you create a totally new work that contains another person’s copyrighted work or part of such a work, you expose yourself to liability for copyright infringement.
- In US copyright law "Fair Use" is an allowable exception whereby reproduction of limited parts of copyrighted works is permitted for limited purposes, including research, teaching or commentary.
- For any and all "Fair Use" of graphic or written content at www.kastenmarine.com it is requested of you that permission be granted in writing for each "Fair Use" instance.
For questions regarding the use of materials at these domains, please inquire about our "Fair Use" policy and terms, thank you. Please see the following for information regarding the legal basis for copyright.
Legal Notes Regarding Copyright in General
Below is a brief summary of US and International copyright law relevant to the ownership of drawings, writings and other materials that are developed during the process of creating a design, a sketch, a piece of writing, or basically any creative work. The following wording is from Circular #1 published by the US Copyright Office, and is current to the best of my knowledge.
What is Copyright...?
Copyright is a form of protection provided by the laws of the United States (Title 17, CFR), as well as internationally by agreement with member nations to the Universal Copyright Convention and the Berne Convention for the Protection of Literary and Artistic Works.
Copyright is a personal property right, and is subject to the laws regarding ownership and transfer of personal property.
Copyright law protects works both published and unpublished, including graphics and drawings, digital or otherwise. Copyright protection exists from the moment a work is created in fixed form. It is coincident with the process of authorship. The copyright to any created work immediately becomes the property of the author at the moment of authorship.
A copyright need not be formally applied for, nor formally granted: Copyright is automatic.
Proof of copyright ownership is enhanced by registering the copyright, but copyright ownership is not created by registration. Copyright protection is also enhanced by giving "notice of copyright" on the work itself.
Notice of copyright consists of:
1. The word "Copyright" or the symbol © (the letter C in a circle), followed by
2. The date of creation, and
3. The author's name.Only the author of a work can rightfully claim copyright. A work that is especially commissioned, such as a painting, a drawing, a piece of writing, a design, a book, or a graphic is the copyrighted property of the author. Among other kinds of work, copyright protects literary, pictorial, graphic, and architectural works.
Transfers of copyright ownership are made by contract. The parties may expressly agree in a written instrument signed by them that the copyright is to be transferred to a party other than the author. Without such a contract, a commissioned work belongs entirely to the author.
How Long Does Copyright Endure...?
Copyright endures for the author's life, plus 50 years.
However, in the case of works "made for hire" where ownership is transferred by contract to a party other than the author, copyright endures for 100 years from creation, or for 75 years from the date of publishing, whichever is less.
What are the Penalties...?
Per the copyright notice given on each of my web pages, I have reserved all rights to the works I have published at www.kastenmarine.com.
Unauthorized use of that work is unlawful, pursuant to the US Federal Copyright Act and International Copyright Law, and constitutes an infringement of my rights under 17 USC 101, et seq. Such unauthorized use could make the infringing party liable for statutory damages as high as USD $150,000 per violation, as set forth in Section 504(c)(2). Attorney’s fees and costs can also be recovered.
Moreover, copyright infringement is a direct violation of International Copyright Law and the Digital Millennium Copyright Act (DMCA). Continued infringement entitles me to seek an injunction, puts the infringing party at risk for associated damages, and entitles me to contact the infringing party's ISP or Web Hosting Provider along with each major search engine, which could result in the infringing party's web site being shut down and taken off-line.
Briefly, the penalties are not worth the risk..! If you have questions regarding the use of the written or graphic content that I have put online, please inquire.
Hot Link Policy
In the web design community, "hot-linking" refers to linking directly to non-html files on another web site, in other words linking to non-html files that are not located on one's own web-site. Typical examples of non-html content are GIF or JPEG images, or PDF files etc.
I have actively tried to break incoming hot-links because I view it as a form of 'bandwidth stealing' or more bluntly, theft, whereby the violator enjoys being able to deliver my images and / or PDF files without having to pay their own ISP for that delivery, and without crediting the source of that content.
If you have landed at this page via a direct link at another web site, blog, forum or newsgroup, please see our Site Map to find the local web page where you think the image may be located. Alternately, you can easily search for the image or PDF by name or key word on my Site Search page.
If you are creating online content and you would like to directly link to any of the web pages at www.kastenmarine.com, I WELCOME AND I ENCOURAGE YOUR LINK..!! However if you would like to create a link to a GIF or JPEG or PDF that I have placed online, please instead create a link to the web page on which you found the image or PDF...!
Thank you for visiting www.kastenmarine.com... Please return soon...!
Please see the AVAILABLE BOAT PLANS web page.
Home | Intro | Our Design Process | Stock Design Info | Motor Yacht Designs | Sailing Yacht Designs | Prototype Designs
Plans List | Articles | Our CAD Design Stream | Maxsurf | SITE MAP..! | Site Search | Design Team | Contact Us