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  1. #1
    Full Member
    Join Date
    January 18th, 2005
    Hello One and all,
    If a site does not have a copyrigth notice on it and it has pictures that also do not contain a copyright notice then would anyone have a claim if that picture from the site was used for someelse with payment or permission?

    There are other pictures on the site which clearly state that they are copyright and have the copyright sysmbol on them with other information.

    Any advice/help would be appreciated.

    regards John

    John Dundas

  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
    Join Date
    January 18th, 2005
    St Clair Shores MI.
    17,328 and get Paintshop Pro to make your own images.

    Charlie ...

    If they won't adopt and feed a bird ..flip them one! Where's the love and show me the money?

  3. #3
    ABW Ambassador
    Join Date
    January 18th, 2005
    You own the copyright as the material flows from your finger tips. The challenge is proving that you created the work and when you created it. You need to keep good records, and consider filing for a copyright at the copyright office.

    Putting the (c) notice on your page informs the readers that you know your rights, but is not required. You can put the (c) on works that you have not filed with the copyright office.

    The catch, which I didn't realize until recently, you cannot make a legal claim of copyright infringement until you have filed for a copyright at the copyright office.

    Generally, if you see someone copying your stuff, they will pull it down when you ask. If, however, you want to file suit, you have to file with the copyright office first. If you are looking at one or two copied gifs, I would just complain to the person who copied the gifs. If you are looking someone who copied a substantial effort, I would make sure I had all of my stuff submitted to the copyright office before contacting the infringer. Also put the (C) on your site.

    The other nasty challenge with copyrights. If you aren't filing copyrights, and someone else copies your stuff and files for the copyright, well, you have a nasty problem of showing who actually created it. You just might lose.

    International copyright issues are really murky. I understand that the US and UK are fairly similar in the approach to copyright.


  4. #4
    ABW Ambassador CrazyGuy's Avatar
    Join Date
    January 18th, 2005

    As has been said above, copyright is inherent, it doesn't have to be claimed (though it may have to be proved at some point).

    You can only safely use something on another site if it states specifically that it is ok to use it. Even then, there will almost always be some terms and conditions pertaining to the use.

    Are you Crazy?

  5. #5
    Mama in Charge Anne's Avatar
    Join Date
    January 18th, 2005
    You can file a copyright on your site with the Library of Congress... you have to send a copy of every page on your site and indicate in the information page that you fill out that your content changes on a daily ( hourly, or whatever) basis. I have done this with my site and I know many others who have. MOST people realize right away that what they did was wrong and will remove stuff if you simply ask them.

    Yes, you do have to have legal copyright ( NOT IMPLIED) on file with the Library of Congress BEFORE you can sue someone for infringement. It only costs $30 to do, so if you have a few hours, download the form online and do it. That way you are protected if you have to go after someone. Again, MOST people are ethical and will remove stuff if you ask. In most cases, people just don't realize that there is anything wrong with taking information or images. Once they get a note from someone it is like a revelation, LOL!

  6. #6
    Join Date
    January 18th, 2005
    There are laws pertaining to the use of published material, whether the copyright notice is included or not, and which now pertain as well to websites. In a way, a website has been lumped into "published" material. When something is published (which covers a broad range of duplication methods as well as how many copies are distributed) it is automatically covered by these laws. Registering the copyright just gives you the proof you will need if it ever becomes an issue.

    You should also remember that images might not be owned by the website themselves but by a photographer. Or if they're stock photo images, they might be legally used by the website owner, but you can't use them for yourself. It's a complex issue, and it's always best to look for public domain images, purchase one of the varied image libraries available, etc. I often find images I want to use in my designs, but avoid them if I am not sure I have permission.

    In general, just don't lift images off websites. It can be considered stealing someone else's work and it can lead to trouble.

    D. Bruce Stevens

    DBS Design Group
    Los Angeles, CA
    Unique and Diverse Solutions for Businesses and Individuals

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