Home
Members
Apply for Membership
Infringements Stopped
VERO Process
DMCA Process
Copyright Law
Artisans have a voice
Caught using art?
 

 

 

 

Just because the image is online doesn't make it free to use or profit from.

Educate yourself...

Assume all images are copyright protected and you can avoid being in a copyright lawsuit.

 

 

 

 

 

 

 

 

 

 

Just because the image is online doesn't make it free to use or profit from.

Educate yourself...

Assume all images are copyright protected and you can avoid being in a copyright lawsuit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Just because the image is online doesn't make it free to use or profit from.

Educate yourself...

Assume all images are copyright protected and you can avoid being in a copyright lawsuit.

 

 

 

 

 

 

 

 

 

 

 

 

 

Just because the image is online doesn't make it free to use or profit from.

Educate yourself...

Assume all images are copyright protected and you can avoid being in a copyright lawsuit.

 

 

 

 

 

http://www.copyright.gov  Copyright Office Basics

Do you really understand copyright laws?  

Lets get acquainted with the basics.

===================

Copyright protection exists from the time the work is created in fixed form
The copyright in the work of authorship immediately becomes the property
of the author who created the work.  Only the author or those deriving their
rights through the author can rightfully claim copyright.


So, what does this mean?  If someone creates a artwork or photograph,
no one can use it except the creator.  Only the creator can give permission
or license the work to be reproduced for profit.

===================

Mere ownership of a book, magazine, painting, or any other copy does not give
the possessor the copyright.  The law provides that transfer of ownership of any material
object that embodies a protected work does not of itself convey any rights in the copyright.

So, what does this mean?  Just because you purchased a photograph, painting or print,
does not give you any right to make copies for sale.  Only the creator can give permission
or license the work to be reproduced for profit.

===================

Copyright protection is available for all unpublished works, regardless of the nationality
or domicile of the author.  From the day it is created in a fixed
medium, it is protected by US copyright law whether it is registered
with the US Copyright Office or not.

The way in which copyright protection is secured is frequently misunderstood.

No publication or registration or other action in the Copyright Office is required to secure copyright.

So, what does this mean?  It means that if a copyright owner finds their work used
without their consent, they can legally pursue the person using their work,
and damages can be collected for use of any unlicensed works.

===================

The use of a copyright notice © is no longer required under U.S. law,
although it is often beneficial. Because prior law did contain such a requirement,
however, the use of notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when
the United States adhered to the Berne Convention, effective March 1, 1989.

So, what does this mean?  It means that if this symbol © does not have
to appear on any art or photography online or in publication in order for it
to remain protected by US Copyright Law. Assume all images are protected
whether you see this © or not, you may save yourself money for damages
brought against you for copyright infringement.
===================

A work that was created (fixed in tangible form for the first time) on or after January 1, 1978,
is automatically protected from the moment of its creation and is ordinarily given a term
enduring for the author’s life plus an additional 70 years after the author’s death.

So, what does this mean?  It means that when the creator of a work dies, their copyright is
still protected by law, and the surviving family becomes the new owners of the protected
works and they are given the same protection as the original creator.

===================

There is no such thing as an “international copyright” that will automatically protect
an artist throughout the entire world. Protection against unauthorized use in a particular
country depends, basically, on the national laws of that country.   However, most countries do offer
protection to foreign works under certain conditions, and these conditions have been greatly
simplified by international copyright treaties and conventions. 
The list of countries that maintain copyright relations with the United States

http://www.copyright.gov/circs/circ38a.html

So, what does this mean?  It means that most countries abide by International
Copyright Protection Agreements, which are very similar to the US Copyright Laws.
If your work has been stolen and being reproduced for resale by another country,
you have the legal rights to pursue damages in the courts of the country
where you originally created the work of art.

===================

http://www.copyright.gov/help/faq/faq-fairuse.html#sued

There is a myth that "if I change the work", then it's okay to use it, reproduce and
profit from the changed work. Changing the original, is called a derivative work,
since it's no longer the same as the original form from the creators work.
Profiting from such practices can make the penalties in court rise substantially,
with possible imprisonment.  Creating a derivative work show intent to deceive.


So, what does this mean?  Only the owner of copyright in a work has the right to prepare,
or to authorize someone else to create, a new version of that work.
Accordingly, you cannot claim copyright to another's work, no matter how much you change it,
unless you have the owner's consent. You cannot claim a copyright to a work that is considered a derivative work.
Doing so could land you in prison.

===================

No big deal, I'll just remove the image if I get caught, that's all I'm required to do.

So, what does this mean? Removing an image isn't enough to keep you out of trouble.
The creator may seek to protect his or her copyrights against unauthorized use by
filing a civil lawsuit in federal district court. In cases of willful infringement for profit, the
U.S. Attorney may initiate a criminal investigation.

===================

What happens if a Equine Arts Protection League member contacts me with an Infringement Notice?

===================

There is a way to search for copyright protected creators work.  The link below will allow you to
search to see if the creator holds a registered copyright on their works.

http://www.copyright.gov/records/

===================

Tips from the Equine Arts Protection League:

Don't assume Clip Art sites are using free images

Don't assume that any image or artwork is public domain.

Don't think you can get away with profiting from stolen works.

Don't assume no one will find you.

We are everywhere, and we are taking action to stop copyright infringement of our work.

The Equine Arts Protection League © 2004-2008 Enforcing US / International Copyright protection for our members and non member artists.