Copyright in Digital Age - Part 4

<< Copyirght in Digital Age - Part 3

One of the key problems consists in defining what a digital photo is. In the environment of thieves (they can not be called differently), who steal photos from the Internet, practically standard substantiation of legality of such theft circulates. It sounds approximately like this.

A digital photo is a sequence of digital data, recorded on a disk. We don’t steal the data, they remain on their place. We don’t copy these data, that is, we don’t recopy them on our medium. We don’t have the copy of these data at all. Everything that we do is that we start legally the purchased computer programme (browser or graphic editor. – Author’s comments), which on the basis of these very data computes and forms the image, which already belongs to us. This image is a result of work of our computer programme, which is bought legally, and it means, the result of its work is our property. As concerns the fact that we supposedly copied the author’s digital photo illegally, if you please to make sure, his and our digital photos don’t coincide, his photo is ending in .jpg, and ours – in .tiff, the size of his photo is 500 KB, and of ours – 10Mb.

Of course, it’s nonsense, but it sounds convincingly for amateurs in computer sphere. And it happens that this nonsense works sometimes. For the sake of justice, I note that a good judge, even if he is not well grounded in technics, with half term will get to the bottom of the notion substitution, on which the bases are built, and even misunderstanding, what the file is, he will grasp quickly, that it’s not the image itself, but only its medium. And the victims of this theft, as a rule, are bought on thieves’ argumentation. Just parts of per cent of those, who found out that their copyright on digital photos was breached, apply to a court for protection.

One more serious problem is uncontrolled distribution of “stolen” digital photos in the Internet where it usually assumes the character of chain reaction. Someone copies a photo from your site and uses it (or its fragment) for design of his own site, for article illustration, for creation of banner advertising, without mentioning, as a rule, your authorship. Someone in his turn, copies this photo already as anonymous, “no one’s”, the process grows like a snowball and sometimes a few days or even hours are enough in order someone’s successful photo appeared on hundreds of sites in the Internet, from which it moves on magazine pages or on the screen. Author’s attempt to protect his rights in this case runs across frank perplexity: “And where is the breach of copyright here? We took this photo from the Internet where it was at a free access on dozens of sites. Authorship is not indicated. Therefore, this is a general property. And as a matter of fact, where it’s said that this photo is yours and it can’t be used? Everyone uses it - then and we can”.

It’s enough to visit the sites of large and serious publishing houses and newsagents to satisfy oneself, that even here photo piracy prospers. Then there is no sense to speak about small infringers.

Remember, if a pirate can dispute somehow the right to use your photo, then the fact of using your photo without indicating the authorship is inadmissible at no circumstances, even if you created this photo to order. Boldly lay claim to indicate the authorship and promise to apply to a court in case of refusing. In this case you run no risk, your demand concerning the authorship will be lawful at any circumstances.

Never take pirate‘s arguments seriously that he had the right to use your photo in accordance with “such laws”, even if his words sound convincingly. Consult a lawyer and don’t be afraid that it will cost you a pretty penny. In majority of cases there is enough just one consultation to make you sure of your rightness and to take a decision about expediency of applying to a court.

And remember, in case of your win , all expenses, including payment for lawyer’s services, will be covered by the defendant.


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	Copyright in Digital Age - Part 4 << Copyirght in Digital Age - Part 3 One of the key problems consists in defining what a digital photo is. In the environment of thieves (they can not be called differently), who steal photos from the Internet, practically standard substantiation of legality of such theft circulates. It sounds approximately like this. A digital photo is a sequence of digital data, recorded on a disk. We don’t steal the data, they remain on their place. We don’t copy these data, that is, we don’t recopy them on our medium. We don’t have the copy of these data at all. Everything that we do is that we start legally the purchased computer programme (browser or graphic editor. – Author’s comments), which on the basis of these very data computes and forms the image, which already belongs to us. This image is a result of work of our computer programme, which is bought legally, and it means, the result of its work is our property. As concerns the fact that we supposedly copied the author’s digital photo illegally, if you please to make sure, his and our digital photos don’t coincide, his photo is ending in .jpg, and ours – in .tiff, the size of his photo is 500 KB, and of ours – 10Mb. Of course, it’s nonsense, but it sounds convincingly for amateurs in computer sphere. And it happens that this nonsense works sometimes. For the sake of justice, I note that a good judge, even if he is not well grounded in technics, with half term will get to the bottom of the notion substitution, on which the bases are built, and even misunderstanding, what the file is, he will grasp quickly, that it’s not the image itself, but only its medium. And the victims of this theft, as a rule, are bought on thieves’ argumentation. Just parts of per cent of those, who found out that their copyright on digital photos was breached, apply to a court for protection. One more serious problem is uncontrolled distribution of “stolen” digital photos in the Internet where it usually assumes the character of chain reaction. Someone copies a photo from your site and uses it (or its fragment) for design of his own site, for article illustration, for creation of banner advertising, without mentioning, as a rule, your authorship. Someone in his turn, copies this photo already as anonymous, “no one’s”, the process grows like a snowball and sometimes a few days or even hours are enough in order someone’s successful photo appeared on hundreds of sites in the Internet, from which it moves on magazine pages or on the screen. Author’s attempt to protect his rights in this case runs across frank perplexity: “And where is the breach of copyright here? We took this photo from the Internet where it was at a free access on dozens of sites. Authorship is not indicated. Therefore, this is a general property. And as a matter of fact, where it’s said that this photo is yours and it can’t be used? Everyone uses it - then and we can”. It’s enough to visit the sites of large and serious publishing houses and newsagents to satisfy oneself, that even here photo piracy prospers. Then there is no sense to speak about small infringers. Remember, if a pirate can dispute somehow the right to use your photo, then the fact of using your photo without indicating the authorship is inadmissible at no circumstances, even if you created this photo to order. Boldly lay claim to indicate the authorship and promise to apply to a court in case of refusing. In this case you run no risk, your demand concerning the authorship will be lawful at any circumstances. Never take pirate‘s arguments seriously that he had the right to use your photo in accordance with “such laws”, even if his words sound convincingly. Consult a lawyer and don’t be afraid that it will cost you a pretty penny. In majority of cases there is enough just one consultation to make you sure of your rightness and to take a decision about expediency of applying to a court. And remember, in case of your win , all expenses, including payment for lawyer’s services, will be covered by the defendant. Copyright in Digital Age - Part 5 >> Copyright in Digital Age - Part 6 Copyright in Digital Age - Part 7