Laserists and intellectual property

Laserists and intellectual property (IP)

In 2006, there was increased concern at ILDA, and with ILDA Members, about intellectual property (IP) rights, including trademarks, copyright and patents. The concern also includes broader moral issues about taking other people's work without attribution or compensation.

Below are summaries of recent IP issues in the laser field. If you have additional questions, or wish to inquire about whether a use is permitted, contact ILDA's Executive Director. If you suspect a violation of the ILDA Code of Ethics, then you should contact the Ethics Committee to see how best to resolve the situation.

Case 1: Companies that stole laser artwork

In 2006, legal action was taken against at least six lasershow-related companies that were illegally distributing laser artwork. The infringing companies' libraries of free laser artwork included frames, animations and shows which they did not have the rights to distribute. Typically, the infringing company would legally purchase one disc of a laser artwork collection, but then would illegally include copies whenever they sold their software programs. Obviously, this has a devastating financial impact on the people who created the stolen laser artwork.

Various legal actions were taken against these six infringing companies. The legal actions included both copyright infringement, and violation of licensing agreements. In all cases, the infringing companies immediately surrendered and settled in favor of the copyright holders, thereby acknowledging both the copyright and the infringement. Often the infringing company had to pay fines and/or court costs.

In one high-profile case, an infringing company was successfully approached by a group of seven top laser companies: HW Laser, Laser Animation Sollinger, Laser Entertainment, Lightspeed Design, Pangolin Laser Systems, Strictly FX, and Tarm. The infringing company had to pay well over US$ 5,000 in fines, court costs, and attorney costs for both sides, and further US$ 3,500 in a parallel unfair competition case.

This case is noteworthy because in the unfair competition case, a court for the first time mentioned that laser shows may of course be artistic works which can be copyrighted.

TIPS

To avoid problems, if you use any laser art libraries, or buy any third-party collection, check to be sure the seller/distributor has rights to the artwork.

If you continue to have questions, follow the advice above and check with ILDA's Executive Director, or with someone familiar with laser art collections. A few minutes checking could potentially save you and your clients thousands of dollars.

Case 2: Misuse of ILDA's name and logo

In 2006, an eBay seller grossly misused ILDA's name and logo in his auction listings. ILDA members helped shut down the seller's auctions, and he eventually stopped this misuse. But we have seen other questionable uses of the ILDA name and logo. For example, the logo is not to be used to indicate that a product has an ILDA-compatible connector.

TIP

If you want to put the ILDA Member logo at your website or on printed materials, be sure to check this webpage for details on how to properly use the logo.

Case 3: Taking material from ILDA's website

ILDA has seen websites that took text and/or photos from ILDA's website, without any permission or attribution. If you want to use material from ILDA's website, you may be able do so.

TIP

You must first get written permission to use material from ILDA's website; plus, there has to be a caption or credit line giving credit to ILDA. For example:

laser show image 2
Image courtesy ILDA,
used by permission

Case 4: Stealing laser artwork via technical means

Around 2010, a software tool was developed that illegally intercepts laser show information. Specifically, some legitimate commercial laser programs have a "preview" feature so that the user can see what the show will look like on his or her computer monitor. The illegal software tool can read the preview information, and records it in ILDA format. Once in ILDA format, the show data is then unprotected. Anyone can play the ILDA-format show, bypassing any legitimate digital rights management in the original software program.

In October 2010, the ILDA Ethics Committee issued a statement against illegal use of this software. The statement is signed by over 75 lasershow companies and individuals.

TIPS

Do not use such software, or any shows or data obtained with it. Without permission from the legitimate owner, this is theft.

If an ILDA Member were to use such software, an Ethics complaint could be filed against them, as a violation of the ILDA Code of Ethics.

In addition, a civil suit could be filed, similar to the suit in Case #1 above.

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