How To Avoid Copyright Infringement Of Online Image

Are you using images on your website that you clipped from the Internet? Do you know for sure? Did you leave these decisions to your webmaster? Are you certain you have the rights to use these images?

You might get a terrible shock. Copyright infringement is like swimming in a calm ocean and seeing black fins appear. A big problem that you weren't expecting just arrived.

We all know there are sharks in the sea, and copying images from the Internet could be a problem. But is it really a risk? Yes. Definitely.

What Copyrights Protect:

Copyright law protects creative works that are original. It protects the expression of an idea in tangible form. Tangible form means that it can be reproduced or copied. This includes images on the Internet, because they can be copied. That image is someone's intellectual property, and they have valuable rights.

The Copyright Act grants five rights to a copyright owner:

The right to reproduce the copyrighted work. The right to prepare derivative works based upon the work. The right to distribute copies of the work to the public. The right to perform the copyrighted work publicly. The right to display the copyrighted work publicly. Damages can be Huge

The copyright holder is entitled to an injunction, actual damages, and your profits that exceed actual damages. But, since these damages can be difficult to prove, statutory damages are available. These can range from $750 to $30,000 per infringement, and up to $150,000 for willful infringement. The successful party can also get their attorney's fees. The amount of statutory damages and attorney's fee are at the discretion of the court, but most courts dislike copying, and award accordingly and are encouraged to award attorney's fees.

Use of images on the Internet

You should assume that images on the Internet are copyrighted. They are the expression of an idea in tangible form. If you use them, you need to be certain that you have the right to use. Even paid sites and stock photos can create problems. For example, if you copy an image from Creative Commons, be sure that you also keep a record of the Creative Commons license and comply with its terms. Many free-image sites require you to give attribution to the copyright owner. If you don't, it may be argued that you don't have a license.

There is a High Likelihood of Getting Caught

One example is Richard Bell. He is an Indiana attorney who took a photo of the Indianapolis skyline that has been copied numerous times...