Copyright Violation

If you are in the US everything made by one person that is published on the web is AUTOMATICALLY copyrighted. It was placed into effect around 2001.
Anything anyone creates is copyrighted and has been for donkies' years. The problem is enforceability (especially on the web).

Suppose I take something you post and pass it off as my own. What are you really going to do about it. For a start you have the problem of cross border IPR, as I am in the UK. I am not subject to US law while I am in the UK.

Next up is showing detriment. The only thing you can claim is damage to earnings from someone being able to read what you wrote on my site rather than here. How are you going to show detriment? Unless you are a published author (and while there are a handful who post here, they are far from common) then you will struggle to be able to show you have actually suffered any real loss. Especially if I am posting it on a free to view site.

Finally is cost. Copyright trials often take in excess of 12 months and cost into 5 figures in British currency.

So copyrighting your work is easy. It's automatic. The problem is enforcing it.

Actually the copyright laws aren't border spacific. They are worldwide except for one or two countries.
 
Actually the copyright laws aren't border spacific. They are worldwide except for one or two countries.
But enforcement action must be taken in the jurisdiction where the breach of copyright occured. That would be here in the English and Welsh Courts if I breached your copyright.
 
Copyright and the Internet
Whose area of jurisdiction applies when images are downloaded over the Internet from e.g. Australia or USA. Are those images governed by the law of the country in which they were generated?

Answer
For infringements of copyright the jurisdiction of the nation where the infringement took place applies. Images are covered by the copyright law of the country in which they were generated and would automatically be protected in most other countries of the world, as most are signatories of the Berne Convention. The Berne Convention gives reciprocal protection to other countries copyright works.

Downloading images from the Internet confuses issues, because it can sometimes be unclear where the orders came from and where the material is stored (the images may have been created in e.g. the UK and stored on a Web server in e.g. the USA). If, for example, a person in the UK was downloading some images that had a copyright symbol (©) attached, and the Web site was clearly an American site, then it would be an infringement of copyright. It is illegal to download/import (i.e. copy) material into the UK, which if you had made a copy of in the UK would have been an infringement of copyright.

It is not so much important where the material was created as where the alleged infringement took place.

Netiquette aside, is it illegal to link to someone's page without gaining their consent?

Answer
It would be illegal to link and pass off the content in anyway as your own - in other areas the legal position on hyperlinking is unclear and has not been defined. Good practice would dictate that you seek permission from the Web master of the WWW site. However if you don't seek prior permission, it is again good practice to link to the home page of that Web site. This ensures that information on that site cannot be represented out of context.

Netiquette aside, is it illegal to copy some text from someone's page with acknowledgement, but without their consent?

Answer
Yes it is illegal to copy text from another person's Web site without their permission. This is infringement of their copyright and/or moral rights in that material. It does not matter that you have acknowledged them as the source of that material, you have still committed an illegal act. If you would like to use a piece of text from someone else's Web site, then you would have to treat it as you would any other piece of copyrighted work, i.e. gain permission (copyright clearance) to use it. This would mean that you would have to approach the Web site owner and state explicitly what piece of text you would like to use, and what precisely you would do with it. If permission was granted then you would only be able to use the material for the purposes stated, and you could be sued for infringement if you used it for other purposes.

a ) Is there a similar ruling covering copying from the Internet such as exists in libraries where it is legal to photocopy a fixed percentage of a work but no more?

Answer
No but providers may provide a copyright statement and guidance on terms/permitted use for copying that they will allow without you approaching them for formal written permission or a licence.

b ) If no, is one likely to emerge?

Answer
Not imminently, but organisations are working to put better guidance and licences in place. The JISC and the Publishers Association have published guidelines on electronic copying (see below) and the CLA is developing licences for electronic materials.

Is it possible to assert individual ownership of the design or structure of a given Web site, as well as its contents.?

Answer
All material placed on a Web site or Web server is protected by copyright. This includes the images/special features that make up the design of the site. So copying these images and special features is an infringement of copyright. It is much harder to assert copyright ownership of the 'structure' of the site. The structure of the site is defined by computer code. It is this computer code that is protected by copyright. The very nature of access to the Internet and individual Web sites, means that it is easy for people to copy and adapt the code (which is an infringement). It is difficult to prove in court that someone has copied your code/program - unless you do code/programme in a particular quirky and individual way!

As the Internet has no geographical boundaries, am I bound by the copyright laws of the country which hosts my Internet account? Can I ignore other countries copyright laws?

Answer
As yet, despite debate on the subject, there has been no agreement on which country's law should apply in this situation. However, most countries are signatories of the Berne Convention and the Universal Copyright Convention. Thus there may be a high probability that the country which hosts your Internet account is party to these Conventions, and you should respect the Copyright of that country, as it is very likely to have reciprocal protection in the UK.
So, in such cases you can not ignore other countries copyright laws!

taken from
http://ahds.ac.uk/copyrightfaq.htm#faq1?
 
While copyright is free and automatic (may not be the case in every country) on photographs, how to stop people using them is definitely an issue.
I guess first up don't post anything big enough to allow a reasonable print. Watermarking is also an option, although some don't like this as it detracts from the image.
Image size is less of an issue if someone is ripping it and putting it on the net.
Generally best thing to do if you find someone is doing that is contact the website/isp/hosting company and report it. Chances are it's breaking their TOS.

Also, it can still be possible to prove you took a digital photograph if you shoot in a RAW format. It's essentially an uneditable file (if you edit RAW files, it'll not change the actual file, but have a second file linked to it with the changes) that contains all the original information, which with some cameras, can even include your name and coords from a GPS system.
 
While copyright is free and automatic (may not be the case in every country) on photographs, how to stop people using them is definitely an issue.
I guess first up don't post anything big enough to allow a reasonable print. Watermarking is also an option, although some don't like this as it detracts from the image.
Image size is less of an issue if someone is ripping it and putting it on the net.
Generally best thing to do if you find someone is doing that is contact the website/isp/hosting company and report it. Chances are it's breaking their TOS.

Also, it can still be possible to prove you took a digital photograph if you shoot in a RAW format. It's essentially an uneditable file (if you edit RAW files, it'll not change the actual file, but have a second file linked to it with the changes) that contains all the original information, which with some cameras, can even include your name and coords from a GPS system.

or as i said you have a dated dvd with copies of the original pics, in a sealed registered envelope. lol it works for anything that can be transferred to a dvd. i know one Band, i know its music but the principle is the same, who recovered many thousands of pounds, in royalties using just such a trick. sometimes the simple answer is best!
 
Folks in this forum are so upset about copyrights, but apparently it's practised all over fishforums.net by the Members when it comes to copying and posting images taken by others for fish being sold. I've seen several in just a week, and nobody's done a thing to take them down. I even posted on the most recent, in Bettas, asking who'd taken the pix, and whether the person posting had permission to use them; I was about flamed out of the thread.

How can we expect others to respect our rights to creative/intellectual property, when members here have absolutely no hesitation about exploiting anyone they choose over the Internet, and nobody here does a thing to stop it? Yes, I sent email to William-- and still have not had a reply. However, there should be moderators around looking for that sort of infringement, no? Or is copyright only the right of Fishforum.net members?

I don't mean to flame anyone really - but this IS a publication, and it's just very unsettling to see this sort activity continue on so constant a basis.
 
It does happen prety regularly because most people don't know that all photos are copyrghted. In 99.9% of cases, I doubt anyone would ever have a problem with people using their photos as long as people don't claim them as their own which I guess they are doing by copying and pasting without a reference. I never copy and paste someone else's photos. If I want to reference it or have people see it, I link to the site. It's the simplest way.
 

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