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All Rights Reserved

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Showing 1 - 16 of 16 Comments

Precipice

Even though I have "Set License" to "All Rights Reserved.", other people are still able to create patterns from my palettes.

For "All Rights Reserved" the description clearly states:

"Do not allow others to use or create derivatives of your work."


Kindly someone please explain to me what's going on?

Precipice

...and I'm still waiting for an answer...
What kind of faulty Creative Commons license is this?

It's clearly stated on the Palette page:

Palette License
All Rights Reserved. Contact Precipice for permission to use this palette.


Then how are you allowing other people to use my palettes without my knowledge or permission?

OrigamiMei

Bump! Because I'd like to understand this as well.

a merciless moon

It happened to me, too. I usually allow other Lovers to take inspiration from my palettes, but the few times I specifically set their license to All rights reserved - and even bothered to write the reason in the description - people were still able to make patterns out of them. Strange thing is, this restriction seems to work just fine when templates are concerned.

Precipice

I do believe this issue deserves some response/ answer from the CL team.
CL is in violation of it's own "Terms of Use Agreement" here.
Please clarify this ambiguity.

"2. User Content

Some areas of the Service allow Users to post content such as profile information, comments, colors, palettes, patterns, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service (“User Content”). You retain full ownership of all your User Content."

"3. User Content License Grant

To COLOURlovers: By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to COLOURlovers a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and COLOURlovers’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

To Users: By posting any User Content on the Service, You grant by default to each User of the Service an Attribution-NonCommercial-ShareAlike 3.0 Creative Commons license.

You may select a different license by visiting your account settings page. For additional information on Creative Commons licenses, please visit creativecommons.org/licenses."


So I chose All Rights Reserved. That implies :
"Do not allow others to use or create derivatives of your work."

But CL has given others the provision to "Create a Pattern" from palettes that have the following license:

Palette License
All Rights Reserved. Contact Precipice for permission to use this palette.


CL is in violation of their own Terms!

Precipice

It's a shame how the CL team doesn't even seem to have the courtesy to get back to us on this issue.

sundancer

Maybe they haven't seen this thread yet? Hmmm... they usually don't ignore. They usually say, "Hey, we're working on that bug. Hang tight!" Or something like that.

OrigamiMei

They usually don't ignore? Sure. A year ago. But things have changed. They haven't been responding for months now.

sundancer wrote:
Maybe they haven't seen this thread yet? Hmmm... they usually don't ignore. They usually say, "Hey, we're working on that bug. Hang tight!" Or something like that.
Team

COLOURlover

Yup. Not ignoring you. Just haven't seen this thread until now.

Do you have an example of a pattern that uses one of your ARR palettes? My guess is that they manually used the colors in the palette, to create a pattern. There isn't really a way for us to block a pattern from being created with certain colors that match palettes on the site. And a pattern colored in with a palette isn't technically violating the rights of the palette. You can't really copyright or protect the colors in a palette. What you can do is protect the display of that palette, ie the arrangement of the specific colors into the rectangular image that it is here on our site.

Ie, there is no way to stop somebody from taking the colors in a palette and creating an illustration, a website design, a pattern, etc. Using those exact 5 colors. What is protected is not allowing them to take the palettes as they are and putting them in their own palette gallery on their own site, or selling them.

And to be fair Mei. We've been responding... just very slowly. My bad.

OrigamiMei

Not you in particular, Bubs. :P You've always been a fast responder. But the rest of the staff (minus Molly. I've talked with her on Facebook)

COLOURlover wrote:
Yup. Not ignoring you. Just haven't seen this thread until now.

Do you have an example of a pattern that uses one of your ARR palettes? My guess is that they manually used the colors in the palette, to create a pattern. There isn't really a way for us to block a pattern from being created with certain colors that match palettes on the site. And a pattern colored in with a palette isn't technically violating the rights of the palette. You can't really copyright or protect the colors in a palette. What you can do is protect the display of that palette, ie the arrangement of the specific colors into the rectangular image that it is here on our site.

Ie, there is no way to stop somebody from taking the colors in a palette and creating an illustration, a website design, a pattern, etc. Using those exact 5 colors. What is protected is not allowing them to take the palettes as they are and putting them in their own palette gallery on their own site, or selling them.

And to be fair Mei. We've been responding... just very slowly. My bad.

GabsGiggles

Really? I have All Rights Reserved on all my palettes and people still create patterns out of them and I can create patterns from ARR palettes just by clicking create a pattern. Not that I set it for that reason though, I don't mind people using them and I didn't even know that was supposed to happen, but now I would like to now. Maybe there's a bug or something.

COLOURlover wrote:

Do you have an example of a pattern that uses one of your ARR palettes? My guess is that they manually used the colors in the palette, to create a pattern. There isn't really a way for us to block a pattern from being created with certain colors that match palettes on the site. And a pattern colored in with a palette isn't technically violating the rights of the palette. You can't really copyright or protect the colors in a palette. What you can do is protect the display of that palette, ie the arrangement of the specific colors into the rectangular image that it is here on our site.

a merciless moon

Same here: I'm not talking about single colours being taken from a palette and rearranged otherwise, I'm talking about palettes as a whole, despite being under the ARR label. I even tried to click on Gabs' latest palette to see if it was true you can make a pattern out of someone elses' ARR palette, and yes, it is: the "Create pattern" button wasn't supposed to be there, but it was, and it seemed to work {I didn't make any actual pattern, of course, for I just wanted to prove her point}. I wonder how come?


GabsGiggles wrote:
Really? I have All Rights Reserved on all my palettes and people still create patterns out of them and I can create patterns from ARR palettes just by clicking create a pattern. Not that I set it for that reason though, I don't mind people using them and I didn't even know that was supposed to happen, but now I would like to now. Maybe there's a bug or something.

COLOURlover wrote:

Do you have an example of a pattern that uses one of your ARR palettes? My guess is that they manually used the colors in the palette, to create a pattern. There isn't really a way for us to block a pattern from being created with certain colors that match palettes on the site. And a pattern colored in with a palette isn't technically violating the rights of the palette. You can't really copyright or protect the colors in a palette. What you can do is protect the display of that palette, ie the arrangement of the specific colors into the rectangular image that it is here on our site.

GabsGiggles wrote:
Really? I have All Rights Reserved on all my palettes and people still create patterns out of them and I can create patterns from ARR palettes just by clicking create a pattern. Not that I set it for that reason though, I don't mind people using them and I didn't even know that was supposed to happen, but now I would like to now. Maybe there's a bug or something.

COLOURlover wrote:

Do you have an example of a pattern that uses one of your ARR palettes? My guess is that they manually used the colors in the palette, to create a pattern. There isn't really a way for us to block a pattern from being created with certain colors that match palettes on the site. And a pattern colored in with a palette isn't technically violating the rights of the palette. You can't really copyright or protect the colors in a palette. What you can do is protect the display of that palette, ie the arrangement of the specific colors into the rectangular image that it is here on our site.

Precipice

COLOURlover wrote:
Yup. Not ignoring you. Just haven't seen this thread until now.

Do you have an example of a pattern that uses one of your ARR palettes? My guess is that they manually used the colors in the palette, to create a pattern. There isn't really a way for us to block a pattern from being created with certain colors that match palettes on the site. And a pattern colored in with a palette isn't technically violating the rights of the palette. You can't really copyright or protect the colors in a palette. What you can do is protect the display of that palette, ie the arrangement of the specific colors into the rectangular image that it is here on our site.

Ie, there is no way to stop somebody from taking the colors in a palette and creating an illustration, a website design, a pattern, etc. Using those exact 5 colors. What is protected is not allowing them to take the palettes as they are and putting them in their own palette gallery on their own site, or selling them.

And to be fair Mei. We've been responding... just very slowly. My bad.


Here is the example:
http://www.colourlovers.com/pattern/3193131/Newtown

I'm not trying to be heartless... But my issue stands 'cos I can make patterns of any(other than my own) ARR palette on the site. Every ARR palette shows the link to "Create Pattern", I can click that link, publish that pattern and after being published the ARR palette is included on the page of that pattern. Oh and I got the notification about the pattern created. That, clearly is a site glitch rather than someone intentionally going around the copyright and making patterns from colors alone.

Please fix it.


And a pattern colored in with a palette isn't technically violating the rights of the palette.


Yes it is violating the copyright. A pattern colored with a palette is considered a derivative work thus violating the copyright. For "All Rights Reserved" the description clearly states:

"Do not allow others to use or create derivatives of your work."

Precipice

Furthermore,

What is protected is not allowing them to take the palettes as they are and putting them in their own palette gallery on their own site, or selling them.


This rectangular image of the palette is also not protected properly by CL. On every (other than my own)ARR palette page YOU have provided the options to download the palette image in any size and format thus encouraging people to download and use that very image which you say is protected!

Hypocritical!?

I think yes.
Team

COLOURlover

Ok, so there is a bug in the ARR palettes pages. 1. The create a pattern button shouldn't be there. And the wallpaper options shouldn't be there either. My bad. We'll get to that soon.
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