Thursday, May 15, 2008

Photography: Copyright Infringement (education!)

Ok, it's a fact that most people think it's simply ok to go out and take photo's off of other's sites and steal them. You may not know it's theft, but what you're doing is. (Copyright Infringement) is a crime - and sadly goes un-noticed. YES Some photographers do not care, however MOST don't know their rights either. It's sort of like the guy that paid 4k to much for his car - and learned later about it. First time shame on you, second time shame on me.


I have been nice, even requested that my photos have a photo-credit on them and I would allow use. My attorney requested I sent out a reminder to do so - and it went either unanswered or very unprofessionaly responded too.


Anyone that didn't - a letter went out to myspace to have them removed. It's not a joking matter... YOU don't work for free, what makes me any different?


What you are doing is willful COPYRIGHT INFRINGEMENT. In no way have I granted the rights to my pictures. If I find that you are utilizing my pictures on any site, for fun or otherwise I will ask once to remove then I will seek an injunction. As well, I may seek damages.

To update you on copyright law, read below.

Avoid copying or otherwise using images you find on web pages without permission of the copyright owner.

These and other uses violate Federal copyright law. The copyright owner can sue infringers for damages (the owner's lost profit), profits (any profit the infringer made), statutory damages (up to $10,000 and as much as $50,000 for willful infringement), and attorney's fees and costs. They can get injunctive relief, and infringing copies and the equipment used to produce them can be impounded and destroyed. (Ie. computers, printers, etc)

It is also a criminal act to violate Federal copyright law (see 17 U.S.C.A.§ 506). It may qualify as a Federal misdemeanor (with a fine as much as $10,000 or imprisonment for up to one year.)
Don't Copy, Modify or Display Images You FindThe Copyright act gives the copyright owner (photographer) the exclusive right to reproduce or modify their work, and to exclude others from doing so. Copying includes copying or saving their image to your hard drive, or copying to other mediums, like scanning a photo from a book and turning it into a JPEG file.

Modifying a work, say by cropping, coloring, distorting, enlarging, etc. is not a way around this law. Creating a derivative work "or any other form in which a work may be recast, transformed or adapted" is an infringement.

If you take a copyrighted image without permission, and put it on a web page, web site, print on a photo etc... you are violating the exclusive right of the copyright owner to display his work. (See 17 U.S.C.A. § 106).

Just another peeve of mine.....

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