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Copyrights and the InternetThere is a lot of confusion and misinformation regarding Copyrights, particularly regarding photographs published on the Internet. This information page is an attempt to clear up some of the misunderstandings. It's on the Internet so it is in the public domain and fair game for people to copy it and/or republish it on another website. WRONG! Original works, be they writing, music, paintings or photographs are afforded the same protection on the Internet as they are in printed form or other media. You cannot legally copy, reproduce or publish any copyrighted work without the expressed consent of the Copyright owner. Get it in writing! It is easy to copy and paste photos on the Internet but IT IS ILLEGAL unless you have permission from the Copyright owner. But it didn't have a copyright notice so it wasn't copyrighted.
WRONG
again. Notice was required under the 1976 Copyright Act. This requirement
was eliminated when the United States adhered to the Berne Convention,
effective March 1, 1989. A Copyright notice is NOT REQUIRED but may be used
if the author wishes. What if it wasn't registered with the Copyright office?
Registration is not required. Any original work created since
1978 is AUTOMATICALLY protected under the Copyright laws.
Unpublished works created prior to 1978 are also protected even without
registration. Registration offers no additional protection but it does offer
some advantages and increases the damages that the Copyright owner can sue
for if his or her copyright has been infringed. How long does the copyright last?
For
original works created since 1978, the copyright lasts the life of the
author plus 70 years. Can Copyrights be transferred or sold?
Yes. The
Copyright owner can grant exclusive or limited publication and/or use rights
to anyone they wish. In addition, a Copyright may be sold, transferred and
even inherited. Transfers MUST be in writing. Copyright is a personal
property right, and it is subject to the various state laws and regulations
that govern the ownership, inheritance, or transfer of personal property as
well as terms of contracts or conduct of business. For information about
relevant state laws, consult an attorney. I can use a photograph without permission under the "Fair Use" act.
Not likely
unless you are a news or educational organization. There are very specific
guidelines governing use under the Fair Use provision that are too
complicated to go into here. See
www.copyright.gov for information. I hired a photographer to make a picture for me so I own the Copyright. Not necessarily. In fact, many professional photographers retain the Copyrights on all of their photographs so that you cannot legally copy them yourself and you have to buy copies from the photographer. This should be clearly spelled out in your contract with the photographer. In some cases, such as an employee taking pictures for an employer as a regular part of their job, the employer may be the actual Copyright owner. So what are they going to do to me if I use their pictures on my website? Willful infringement of a Copyright can result in having to pay actual damages plus statutory damages of up to $150,000. Also note that not only is the person who illegally posts Copyrighted material on a website liable, but in some cases the website owner may also be liable if they are aware that Copyrighted material is illegally on their website and do not remove it. For more information about Copyright law, see the official government Copyright website at www.copyright.gov
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