Image Copyright over the internet?

Informations About Image Copyright.

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9 Replies - 2092 Views - Last Post: 05 June 2010 - 06:41 AM

#1 mensahero  Icon User is offline

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Image Copyright over the internet?

Posted 02 June 2010 - 11:51 AM

Good day guys,

I'm just wondering and really curious about Image copyright over the internet. I've read a lot of articles but they are not quite precise on how these copyright law works. Heres a situation:

An Image is registered and has a copyright in the authors country, it was then illegally copied over a foreign country which is across the globe. The copyright law exist on the authors country but not on the culprit's country. What can the original author do in this behalf? Can he prosecute the culprit? what about jurisdiction?

Is the copyright law only valid on the country where it was registered? eg. Registered in US so only US residence were obliged to follow the law and other foreign countries can freely use the copyrighted material because they are outside US jurisdiction. Is this right?

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#2 RedSon  Icon User is offline

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Re: Image Copyright over the internet?

Posted 02 June 2010 - 12:41 PM

Many countries have agreements regarding this type of offence. Case in point is the Pirate Bay trials. I would recommend contacting a patent or copyright attorney in your area, and tell them what the situation is. They should be able to better direct you.
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#3 KYA  Icon User is offline

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Re: Image Copyright over the internet?

Posted 02 June 2010 - 12:43 PM

Are they using your work in their own commercial enterprise?

If not, it might not be worth the time and effort to get "them" to not use it.

Unless a single image was just an example and it's something much more significant.
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#4 RedSon  Icon User is offline

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Re: Image Copyright over the internet?

Posted 02 June 2010 - 10:09 PM

View PostKYA, on 02 June 2010 - 10:43 AM, said:

If not, it might not be worth the time and effort to get "them" to not use it.


The only problem with this is that, in the United States, if you don't defend your copyright then you lose it. I forget exactly how this has been interpreted by the courts or how it is spelled out in the actual law books, but I remember discussing this with my software ethics prof in college.

I think the intent behind this part of copyright law is for when the useage is directly damaging to your business and you have a mesurable decrease in revenue because of it. If one guy takes your picutre and posts it on his blog, it may not be worth the effort in going after him.
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#5 mensahero  Icon User is offline

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Re: Image Copyright over the internet?

Posted 03 June 2010 - 10:49 AM

View PostRedSon, on 02 June 2010 - 11:41 AM, said:

Many countries have agreements regarding this type of offence. Case in point is the Pirate Bay trials. I would recommend contacting a patent or copyright attorney in your area, and tell them what the situation is. They should be able to better direct you.


I'm not really in that situation. I'm just interested in the topic. I'm more interested in the JURISDICTION area of the copyright law, if its applicable when the culprit is way across the globe.

Quote

Are they using your work in their own commercial enterprise?

If not, it might not be worth the time and effort to get "them" to not use it.

Unless a single image was just an example and it's something much more significant.


I'm not sure how to actually get "THEM" or how copyright law works if they are earning profit on there own country which is across the globe. What if they don't belong in a 1st world countries and they don't have copyright laws? are they exempted or there's no way to actually sue them?

I happen to know a real situation:

There's a really popular document managing software that is widely sold over the internet. A company on a emerging country is selling that software and claiming it as there own, they are actually selling it on government agencies that's why its posted over newspapers on that country. I don't know how to describe that country but they don't have unlimited internet, they are really a technologically outdated country.

If you are the owner of the software, you can't possibly let something like this pass knowing they are earning millions for your software.
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#6 RedSon  Icon User is offline

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Re: Image Copyright over the internet?

Posted 03 June 2010 - 11:07 AM

Unfortunately sometimes you don't have a choice. It becomes a political situation. If say, for example North Korea decided to pirate a version of Vista, but they called it Fenestra NK, then there is not much Microsoft could do about it. They could talk with the State Department, and throw some lawyers at it, but who knows what would come of it.

The point of jurisdiction comes in with trade agreements and treaties between countries. The US has agreements with other countries regarding trade, and piracy and copyright issues. If a country's courts choose to ignore or not cooperate within the law, then the US can suspend or terminate the agreement or withdraw from the treaty. However that kind of behaviour does not help either country.
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#7 mensahero  Icon User is offline

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Re: Image Copyright over the internet?

Posted 04 June 2010 - 10:50 PM

View PostRedSon, on 03 June 2010 - 10:07 AM, said:

Unfortunately sometimes you don't have a choice. It becomes a political situation. If say, for example North Korea decided to pirate a version of Vista, but they called it Fenestra NK, then there is not much Microsoft could do about it. They could talk with the State Department, and throw some lawyers at it, but who knows what would come of it.

The point of jurisdiction comes in with trade agreements and treaties between countries. The US has agreements with other countries regarding trade, and piracy and copyright issues. If a country's courts choose to ignore or not cooperate within the law, then the US can suspend or terminate the agreement or withdraw from the treaty. However that kind of behaviour does not help either country.


That's very informative. It's really quite clear now.

Thanks for the piece of information.
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#8 Tom9729  Icon User is offline

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Re: Image Copyright over the internet?

Posted 05 June 2010 - 12:25 AM

View PostRedSon, on 03 June 2010 - 12:09 AM, said:

The only problem with this is that, in the United States, if you don't defend your copyright then you lose it.

Are you sure about this? I thought it was trademarks that you had to defend-or-lose.
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#9 AdaHacker  Icon User is offline

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Re: Image Copyright over the internet?

Posted 05 June 2010 - 05:30 AM

View PostTom9729, on 05 June 2010 - 01:25 AM, said:

I thought it was trademarks that you had to defend-or-lose.

That's correct. Trademarks have to be used and defended. To lose a copyright, you have to explicitly give it up.
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#10 RedSon  Icon User is offline

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Re: Image Copyright over the internet?

Posted 05 June 2010 - 06:41 AM

Hmm, I thought that applied to copyright as well. But maybe I am thinking of trademarks...
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