A friend of mine who creates original, macabre, digital art, was recently having his worked stolen and then edited and then displayed on the thief's myspace, in a manner which insinuated it was her work. He asked her to stop, but she refused. A few of us, wrote emails to her, regarding her theft. And she pointed out that any animations or images on our webpages that we didnt create, are theft and a breach of copyright. Obviously, what she is doing is different to that, and definitely in breach of copyright, but it made me wonder, is it really against the law to put images on your myspace?! And if so, then why do so many thousands of people do it, without even warning of prosecution?? Ive tried to find out by reading online articles, but it seems to be a very grey area. Appreciate information from anyone who knows what they are talking about.
Is it against copyright to copy images and post them on your myspace for decoration?
Myspace is not exempt from U.S. copyright laws...for the most part. It is not legal to use someone elses original artwork without their consent. Even if something is not marked as being copyrighted, it is ASSUMED to be copyrighted. See the link below for more details, directly from the US Copyright office. But here's how it goes:
"Copyright protection subsists 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."
In other words, as soon as an original piece is created on paper or on the web, it immediately becomes the owner's. It has nothing to do with whether or not you, or the offender, profits from the images. You don't even need need to file it with the copyright office. However, it will help in a legal battle with someone.
The girl sounds like an idiot. She THINK'S she's smart, but she's not. She thinks she's right simply because of her REASONING. Many people who post images on the web know that it might be copied, and they don't mind at all. Some people post images and say that it's OK to use it as long as you give them credit. But once someone has specifically told you NOT to use it, then you can't use it. Sure, you may have put things on your site that came from somewhere else, but you have not yet been told NOT to use it. So it's OK. SHE has been specifically told NOT to use it.
Below is also a link to Myspace's information about copyright violators. Here is how Myspace see's it:
"If you believe that your copyright-protected work has been copied and posted on MySpace.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(ii) A description of the copyrighted work that you claim has been infringed.
(iii) A description of where the material that you claim is infringing is located on the Website.
(iv) Your address, telephone number, and email address.
(v) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(vi) A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf."
Don't listen to the Myspace dorks who think that Myspace rules above U.S. Federal law. Just keep in mind that you will need to be able to PROVE that it's yours. You can't just SAY it is yours.
Hope that helps!
Is it against copyright to copy images and post them on your myspace for decoration?
it is a copuright infringement only if those i,ages have copyright(they are registered)
otherwise there is nothing to do.
it is like if you write a sing, you sing it, post it on the internet but never regidtered. it won't be yours
Is it against copyright to copy images and post them on your myspace for decoration?
Copyright laws are intended to prevent someone from profiting financially from someone else's work.
So when it comes to unauthorized usage of electronic photograph especially on the Internet no damage is done if the person using the stolen photograph is not making a profit, therefore the most than can happen is the person is asked to remove the photograph or publicly advertise the photographs source.
Myspace has there own policy when it comes to copyright infringement, for the most part they will do nothing about unauthorized photographs except remove them.
If it's financial retribution you're seeking, you will not get it.
If it's criminal charges your seeking, you will not get it.
If it's public acknowledgment of your work, that you probably will get....or at least the person who is using your work will have to remove the images.
Is it against copyright to copy images and post them on your myspace for decoration?
You should be happy that your pictures are nice and people like them, thats why they use them in myspace. Did you lose any money because of that I guess no so it has nothing to do with copyright. I advice you to read the law and then write your thoughts or hire a lawyer. Even if it was copyrighted and and others got money for your work there still would be million of people using that pictures without you knowing. Crime will never stop. I'm using pirated copy of windows, can you proof it.
Is it against copyright to copy images and post them on your myspace for decoration?
Copyright laws are in place in the United States to prevent the misuse, misappropriation, and misrepresentation of any person or group's work, regardless of any profit being made.
There are certain rights all creations are given from their inception, HOWEVER:
Unless the work is actually registered, you don't really have much ground to stand on when it comes down to the nitty-gritty. Your friend can sue for damages, request an injunction (cease and desist) and court costs. Damages must be represented by ACTUAL dollars lost due to the infringement.
If he hasn't lost anything, he's going to find a journey into the courts will cost him more than its worth.
As for your MySpace question, you may use or post any images so long as you aren't claiming that any messages, thoughts, or opinions are those of the people contained in said images- in other words, you aren't misrepresenting them.
If your friend is really bugged out about people misappropriating his work, he should start by indicating the following information somewhere on his work:
"Copyright [dates] by [author/owner]"
He should then send a request to the person who is using his work and ask them to cease and desist.
Here is a good generic cease and desist form letter, which should scare the person enough to remove your friends work:
Dear [name]:
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]
As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.
Very truly yours,
Is it against copyright to copy images and post them on your myspace for decoration?
i agree it prob is a breach of copyright but at the end of day u should give original artists reconigition then its ok...as she is passing the work off as her own this isnt ok..u prob could try to sue her but is it really worth it
Is it against copyright to copy images and post them on your myspace for decoration?
I think other answers explained the copyright part of your question pretty well, and if your friend wants to continue using his Myspace to promote his images, then he should use this generator:
http://www.freecodesource.com/index.php?...
All he has to do is use the URL for his picture and nobody can save it to their computer, all they'll end up saving is an clear image of NOTHING.
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