• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Paranormal Data Collected At Private Residence Investigation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rubycat3

Junior Member
What is the name of your state? CALIFORNIA

I belonged to a volunteer-only paranormal research group. We'd go on investigations at cemeteries, known-haunted locations, and once in a while private residences to collect data, data consists of digital or analog tape recordings, video footage, photographic images, et. al. There's a member's handbook and a member's release form I signed upon joining the group. I quit the group and have my data I collected at these places. I've joined another group and posted some of the data on their website. I have not disclosed the name or location of the private residence. One of the leaders of the ex-group stumbled across the posts and is demanding the posts be removed stating I dont have permission from their group to post the data. I'd like to know if the ex-group has a legal-leg to stand on or not because she is threatening a lawsuit. Noted below is the member's release form. The member's handbook as nothing noted regarding collected data. My belief is that since the location of the private residence has not been disclosed there should not be a problem. I used my own equipment and have not been compensated for any of my time or expertise in the paranormal field, therefore, I have all legal rights to my data I collect at any and all locations.

Member Release Form
I, _____________, Prospective Member / Member of xxxxx hereby releases the all parties of xxxxx and owner / occupant of any said location of investigation from any liability for injuries that occur at said location to my own persons and / or damages to equipment brought to investigation sites / incurred during the investigation due to accidents, other persons, natural causes, paranormal or acts of god.

I, further more, agree to responsibility and pay any damages done to investigation premises, people and / or equipment during the investigation caused from myself in the rare chance that should happen.

I agree to abide by Rules and regulations of xxxxx at all times. I also agree that No information about the investigation will be released without signed copies of the current release forms by client and permission granted by xxxxx All information / Data Collected during investigations is the Shared Property of xxxxx and client for client privacy and research purposes.


Thanks and I hope to hear a reply fairly soon and thank you in advance for any help with this matter.
 
Last edited:


Some Random Guy

Senior Member
read your own post

so you willingly signed a document that said "All information / Data Collected during investigations is the Shared Property of xxxxx and client for client privacy and research purposes.", where neither xxxxxx or client is you.

Then you take this data and use it for your competing group's web site.

I don't know how much more black and white this can be.
 
S

seniorjudge

Guest
What you should do is prove that stuff like this exists and show them all.

www.randi.org

Win a million dollars if you can prove these things exist.
 

rubycat3

Junior Member
Some Random Guy said:
so you willingly signed a document that said "All information / Data Collected during investigations is the Shared Property of xxxxx and client for client privacy and research purposes.", where neither xxxxxx or client is you.

Then you take this data and use it for your competing group's web site.

I don't know how much more black and white this can be.

So, since the member's release form does not exclude me from the data I've collected I have all owner's rights to the data - it belongs to me and I can do whatever I please with this data without the threat of any legal repercussions. This is a social club (xxxxx) that dismissed any and all audio recordings as non-paranormal. But after the data was posted on the other website (which is a non-competing group as they network frequently and regard themselves as research affiliates), that's when the issue arose.

Can I hang my hat on this by chance...?

From the following site

http://usinfo.state.gov/products/pubs/intelprp/

Copyright: An Author's Expression

A copyright is an exclusive right to reproduce an original work of authorship fixed in any tangible medium of expression, to prepare derivative works based upon the original work, and to perform or display the work in the case of musical, dramatic, choreographic, and sculptural works. Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, or embodied. Rather, copyright protection is limited to an author s particular expression of an idea, process, concept, and the like in a tangible medium.
Copyright protection automatically subsists in all works of authorship from the moment of creation. The TRIPS Agreement provides a minimum standard for duration of copyright protection. In the case of a person, the term is the life of the author plus 50 years. In the case of a corporate entity, it is 50 years from the end of the calendar year of authorized publication or, in the absence of publication, from the end of the calendar year of making (TRIPS Article 12). The term of protection for live performances that are recorded is 50 years for the performer and producer, and 20 years for the broadcaster of the work. The United States recently upgraded its protection for copyrighted works as part of the Digital Millennium Copyright Act, or DMCA. For instance, in the United States, the copyright for the work of an individual author created on or after January 1, 1978, lasts for his or her lifetime plus 70 years after the author's death. However, if the work is made for hire, the copyright lasts for 120 years from the time of creation or 95 years from first publication, whichever is shorter.
The exclusive rights granted to the copyright owner do not include the right to prevent others from making fair use of the owner s work. Such fair use may include use of the work for purposes of criticism, comment, news reporting, teaching or education, and scholarship or research. The nature of the work, the extent of the work copied, and the impact of copying on the work s commercial value are all considered in determining whether an unauthorized use is a “fair use.”

Originality As the Key to Copyright

To secure copyright protection, the work in question must be an original work of authorship fixed in a tangible medium of expression. Works of authorship that fall within this definition may include:
Literary works (including computer programs);
Musical works and accompanying lyrics;
Dramatic works and dialogue;
Pantomimes and choreographic works;
Pictorial, graphic, and sculptural works;
Motion pictures and other audiovisual works; and
Sound recordings.
It is important to note that the laws of many countries do not limit the type or form of work because authors are continuing to invent new ways of expressing themselves.
The test for the originality of a work is usually two- pronged. First, the work of authorship must originate from the author, in the sense that it must have actually been independently created by the author and not copied from other works. Second, the work must contain a sufficient amount of creativity so as to be more than trivial.
To be copyrightable, a work must be “fixed in a tangible medium of expression.” A work is fixed when its embodiment in a tangible medium is sufficiently permanent or stable as to permit it to be perceived, reproduced, or otherwise communicated for a period of time that is not transitory. The means, manner, or medium of fixation is irrelevant.
Copyright registration in most countries is relatively straightforward and inexpensive. Although copyright protection subsists from the moment the work is fixed in a tangible expression, copyright registration confers additional important benefits in some countries. Although some WTO members, including the United States, retain a registration system for copyrighted works, the TRIPS Agreement precludes use of formalities such as a registration system as a prerequisite for foreign nationals before initiating legal action to stop copyright infringement or to recoup costs, including attorneys' fees, of enforcement. So, for example, the United States may require that U.S. citizens, but not foreign authors, register works with the U.S. Copyright Office. In addition, in some countries, a copyright registration constitutes prima facie evidence of the validity and ownership of the copyright.
 
Last edited:
S

seniorjudge

Guest
rubycat3 said:
Sooooo, since the member's release form does not exclude me from the data I've collected I have all owner's rights to the data - it belongs to me and I can do whatever I please with this data without the threat of any legal repercussions. Hmmmpf, just as I suspected, smoke was being blown up my yazoooooo...

Thanks sooooo much not such the 'some random guy'. You need to change that to; "you da man!"
I think you need to re-read the post.
 

rubycat3

Junior Member
seniorjudge said:
What you should do is prove that stuff like this exists and show them all.

www.randi.org

Win a million dollars if you can prove these things exist.

Thanks Judge, for your resourceful information. I'll let you know if I win the million da-la-da-la bills.
 
S

seniorjudge

Guest
rubycat3 said:
Thanks again Judge...let some random guy clarify with me vs. banter.
I will stand by and keep my mouth shut.
 

rubycat3

Junior Member
seniorjudge said:
I will stand by and keep my mouth shut.

I'm looking for some very much needed advice, if that's what's being offered then please dont standby and dont shut-up. What I'm not looking for is suggestions on proving the content or the subject of my post. And if someone else has posted a message to me, and I've misread it, please let them clarify or validate to me directly. Unless you can speak on their behalf?

Again, thanks for your input...kindest regards :)
 

divgradcurl

Senior Member
I'm looking for some very much needed advice

And you received it from Some Random Guy in the first reply to this thread. The answer to your question was in your original post -- you can't use the material without permission from xxxx and the client.
 

rubycat3

Junior Member
divgradcurl said:
And you received it from Some Random Guy in the first reply to this thread. The answer to your question was in your original post -- you can't use the material without permission from xxxx and the client.

Thank you, thank you, thank you...and kindest regards. I appreciate the clarification because I really needed it s-p-e-l-l-e-d out for me. I consider it was the use of improper punctuation when reading the original post is where I failed to differentiate the meaning of the reply (I read it as a statement, not a question). And the other post merely served as ineffectual communique.

I wont make that kind of mistake again...in signing a release of that nature.

Best wishes to all in 2005...
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top