copyright protection

[3dplants]

I'm about to begin selling a CD from my website. It contains digital models for graphic art and design applications. The following is a copyright notice that I plan to include on the CD:

"The contents of this CD are copyright-protected ©2000 3dplants.com. UNAUTHORIZED DISTRIBUTION OR SALE OF ANY OF THE FILES CONTAINED ON THIS CD IS PROHIBITED. Conversion of these models to other file formats for the purpose of sale or distribution as individual 3D objects or as part of any commercial 3D object library or software package is also prohibited. Unauthorized duplication or replication of this CD for the purpose of sale or distribution is a violation of United States copyright laws."

Does this sound okay? Is there anything I should add, delete, or change? Any other advice?
www.3dplants.com

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

There can be copyright violations without it having to be about profit/distribution. Include " for any purpose" in your warning.

Also include a statement about obtaining licenses from you others want to use them.

 

[3dplants]

Thanks for the info, lawrat - if you could just clarify one thing regarding licensing...under what circumstances should licensing be required? I assume that many of my customers will be graphics professionals who will be using the models for commercial projects (architectural models, vrml apps, advertisements, etc...) How do I differentiate between licensing and royalties?

 

[lawrat]

Great question.

The best way is to look at what you will stand to gain.

Is it like a record deal whereby you can stand to make royalties over each copy and there is sufficient revenue/success to show you will be making royalties steadily and continuosly?

Or is it like a one time deal or a really small company where you want to get paid ASAP.

I always take the ASAP route unless I am working with a sure thing. Sure thing are based on company reputation, revenue, type of industry, etc.

 

[3dplants]

Just one more question...would it be reasonable to require a royalty fee for any commercial use of these models in addition to the purchase price of the CD, or is it usually assumed that purchase of this type of product entitles the buyer to limited royalty-free commercial use?

3dplants