People are violating copyright laws every day and they may not even know it. A lot of people think that everything on the Internet is within the public domain. They copy and paste pictures from one site and use them on another site. They copy images from a website and put it on their brochure or their party invitations. It happens every day. But is this legal?
Copyright Law for Images
Images as defined by the U.S. Copyright Office are pictorial, graphic and sculptured works. U.S. copyright law protects photographers' and image creators' rights to determine who can use the images they create. The law states, "Copyright protects original works of authorship that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device." This can also include charts, graphs, drawings, stills from motion pictures or cartoons.
Violation
Using images created by other people without permission to sell goods, products and services is a direct violation of the copyright law. Many people think that if they aren't using the image to generate income then there is no violation. The University of Pittsburgh, University Library System says, "Wrong. you are infringing on their rights under copyright law and you may be affecting the potential market value of the original work." Any use that isn't fair use or any for which the owner hasn't given permission is considered a violation.
Fair Use
University of Maryland tells its teachers that according to fair use rule, "the need to copy should occur closely in time to the need to use the copies." For example, a teacher prints an image to illustrate a point in a lecture she is giving that afternoon. The U.S. Copyright Office warns that people should use caution because "fair use" has no set definition and often has to be reviewed case by case. To be safe, it's best to ask for permission from the owner.
Permission
Photographers and cartoonists often include a signature or a caption along with the photograph. If not, to find out how to contact the image owner, contact the U.S. Copyright Office. It can provide the name of the copyright owner and the address listed when the copyright was registered. The fee is $165 for every two hours of research or you can visit the Copyright Office and search for free on your own.
Offense
Copyright violation is a federal offense. The person who owns the image files a grievance against you in a civil lawsuit that will land you in federal court. In "Big Bucks Selling Your Photography," Cliff Hollenbeck writes that for the image owner "it can mean being awarded payment for the photo use, legal expenses and a damages award." To be safe, know that every image is a copyrighted once it is created, whether it is registered or not with the U.S. Copyright Office.
People are violating copyright laws every day and they may not even know it. A lot of people think that everything on the Internet is within the public domain. They copy and paste pictures from one site and use them on another site. They copy images from a website and put it on their brochure or their party invitations. It happens every day. But is this legal?
Copyright Law for Images
Images as defined by the U.S. Copyright Office are pictorial, graphic and sculptured works. U.S. copyright law protects photographers' and image creators' rights to determine who can use the images they create. The law states, "Copyright protects original works of authorship that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device." This can also include charts, graphs, drawings, stills from motion pictures or cartoons.
Violation
Using images created by other people without permission to sell goods, products and services is a direct violation of the copyright law. Many people think that if they aren't using the image to generate income then there is no violation. The University of Pittsburgh, University Library System says, "Wrong. you are infringing on their rights under copyright law and you may be affecting the potential market value of the original work." Any use that isn't fair use or any for which the owner hasn't given permission is considered a violation.
Fair Use
University of Maryland tells its teachers that according to fair use rule, "the need to copy should occur closely in time to the need to use the copies." For example, a teacher prints an image to illustrate a point in a lecture she is giving that afternoon. The U.S. Copyright Office warns that people should use caution because "fair use" has no set definition and often has to be reviewed case by case. To be safe, it's best to ask for permission from the owner.
Permission
Photographers and cartoonists often include a signature or a caption along with the photograph. If not, to find out how to contact the image owner, contact the U.S. Copyright Office. It can provide the name of the copyright owner and the address listed when the copyright was registered. The fee is $165 for every two hours of research or you can visit the Copyright Office and search for free on your own.
Offense
Copyright violation is a federal offense. The person who owns the image files a grievance against you in a civil lawsuit that will land you in federal court. In "Big Bucks Selling Your Photography," Cliff Hollenbeck writes that for the image owner "it can mean being awarded payment for the photo use, legal expenses and a damages award." To be safe, know that every image is a copyrighted once it is created, whether it is registered or not with the U.S. Copyright Office.
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