| In Response to A January 14th Post by photoforum user. It is most important to fully research any topic that one is expressing an opinion about. It is also important to substantiate the source of one's facts particularly when such a "hot" topic as Digital Theft on the Internet is so prevelant. First lets refer to the US Copyright Law as it legally staandas and the consequences of its violation. "Copyright Laws Federal | State | International | Digital Music A handful of federal, state, and international laws govern copyright practice. In general, they are designed to protect the rights of artists while preserving the public's right to benefit from the works of those same artists. The various laws provide for civil and criminal penalties for those found guilty of violations. Federal U.S. Copyright Law The Federal Anti-Bootleg Statute • Contributory infringement • Vicarious liability Fair Use Doctrine The Sonny Bono Copyright Term Extension Act U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. Section 2319} Federal law protects copyright owners from the unauthorized reproduction, adaptation, performance, display or distribution of copyright protected works. Penalties for copyright infringement differ in civil and criminal cases. Civil remedies are generally available for any act of infringement without regard to the intention or knowledge of the defendant, or harm to the copyright owner. Criminal penalties are available for intentional acts undertaken for purposes of "commercial advantage" or "private financial gain." "Private financial gain" includes the possibility of financial loss to the copyright holder as well as traditional "gain" by the defendant. Where the infringing activity is for commercial advantage or private financial gain, sound recording infringements can be punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned for up to 10 years. Violators can also be held civilly liable for actual damages, lost profits, or statutory damages up to $150,000 per work." Intellectual Property or copyright infringement is still being defined. As it is an issue of ideas with far reaching consequences and/or ramification, it is not as legally defined with numerous centuries long laws most countries have defined as stated above. Federal Law protects copyright owners from the unauthorized reproduction, adaptation, performance, display or distribution of copyright protected works such as an original photograph or a legally defined percentage of said photograph that is obviously taken from its creator by another for any act of infringement without regard to the intention or knowledge of the defendant, or harm to the copyright law." Whereas Copyright Laws pertain to digitally reproduced materials such as musical recordings, films, photographs, Written Materiaal (that has a registered copyright with the US Government Copyright Office) here is but one of thousand of presently legally defined aspects of copyright - this example adressing: Web Site Content Theft From © Janice Byer Part 1: What Exactly Is Copyright? The hot topic on many business-related email discussion lists for the past while has been website content theft, both text and graphics. Either there seems to be a rash of this dishonest and unethical behaviour or web site owners are just finding out that their treasured works have caught the eye of others who feel it is okay to use them as their own. They say that imitation is supposed to be the greatest form of flattery but, take it from someone who has found their web site content appear on someone else’s site, it darn well ticks you off to see your hard work being used by some one else as their own. You work hard to come up with what you include on your web site and are probably more than willing to allow some of it to be paraphrased by others but when the culprit doesn’t even ask permission, you get that “heads will roll” feeling inside. What can be considered copyright material? The World Intellectual Property Organization (which is “an international organization dedicated to promoting the use and protection of works of the human spirit”, includes the definition of copyright on their web site, which reads, “Copyright is a legal term describing rights given to creators for their literary and artistic works.” With regard to copyright in relation to the Internet, WIPO has established two treaties, which outline, among other things, that each country “provide a framework of basic rights, allowing creators to control and/or be compensated for the various ways in which their creations are used and enjoyed by others.” More information on WIPO and its mandate can be found on the Copyright and Related Rights page of their web site. For a complete definition of copyright and to read the Copyright Act in Canada, visit the Department of Justice Canada web site. For a complete definition of copyright law in the US, visit the Library of Congress web site. Oh, and the Merriam-Webster Online Dictionary lists the definition of copyright as: Noun : the exclusive legal right to reproduce, publish, and sell the matter and form (as of a literary, musical, or artistic work). What is theft? Speaking of the Merriam-Webster Online Dictionary, they define THEFT as: Noun: 1 a : the act of stealing; specifically: the felonious taking and removing of personal property with intent to deprive the rightful owner of it; b: an unlawful taking (as by embezzlement or burglary) of property. Theft of web site content and/or graphics can be considered copyright infringement. The MW dictionary also defines infringement as: Noun: 1: the act of infringing: VIOLATION; 2: an encroachment or trespass on a right or privilege. On the next page of this article, Janice Byer explains how you can discover if your web site content has been stolen and what you can do about this kind of copyright infringement. (additional information on this topic by Janice Bayer can be found at http://sbinfocanada.about.com/cs/legalmatters/a/websitetheftjb_2.htm of a 4 page copywrritten document/essay." I hope this just begins to help define what theft of copyright material involves. Remember the simp[le reproduction of a photograph in a magazine, if used by another for their financial and/or personal gain is also copyright. Copyright does not apply simply to the original handmade or machine produced photograph. Knowledge is power but only if it is correct. Enjoy your Internet surfing: just type in "Copyright Law + photographs" in your browser and spend a day learning: - it can be very helpful. EML On Jan 14, 2007, at 6:58 AM, Qkano wrote:
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