The short answer to understanding image copyright is that if you created an original image, then you have the copyright on it. Our California copyright attorneys at The Myers Law Group can educate individuals and businesses on the different aspects of image copyright and how it is viewed in a court of law.
The Need for Image Copyright
Image copyright gives original creators protection against having their works plagiarized or stolen. One cannot steal, copy, reproduce, or display another’s created image without permission from the copyright owner or a license. It is important to understand that copyright protects forms of material expression, such as images. It does not apply to techniques, facts, or ideas behind a work.
Protected copyright work includes images, photographs, digital art, infographics, paintings, maps, charts, etc. The United States and many other countries are members of the Berne Convention for the Protection of Literary and Artistic Works. This convention was adopted in 1886, and it sets the basic standards for copyright law. It outlines the understanding that copyright owners have the exclusive right to translate, reproduce, distribute, and display their own work.
What Happens if Copyright Infringement Is Found
If one commits copyright infringement, they could be liable to pay costs and damages to the owner of the copyright. Damages can be calculated based on the level of skill, craftsmanship, and effort put into creating the intellectual property. Fair market value is another concept that contributes to the calculation of liable damages for infringement. Any potential profits made off of the infringement are also most likely to be included in the damage calculation.
These damages can be considerable in the United States. Damages can be up to $30,000 per work. If it is found that the infringement was willful or purposeful, one could be awarded up to $150,000 per work that was infringed. It is also up to the court’s discretion to award the prevailing party with attorney’s fees and costs. In the cases of willful infringement, there is also the possibility of criminal penalties that can include fines and imprisonment.
The Value of a California Copyright Attorney
The United States Copyright Act does allow for cases of fair use. Fair use is the use of copyrighted images for educational purposes, research purposes, or purposes that are considered beneficial to the public. This can be hard to navigate and understand when a certain use falls under the fair use framework. This is where an experienced and seasoned copyright attorney can provide a lot of assistance for an individual or business.
Another area where an experienced copyright attorney can add value is in the subject of public domain. Public domain is a term used to refer to creative works that are not protected by intellectual property laws, such as patent laws, trademarks, or copyright. It is considered public domain because no individual creator or author owns the work, and it is owned by the public. These works are available for public use.
However, there are instances in which one still needs to give proper credit for images, depending on the situation. It is generally a good rule to never assume that a work is covered under public domain. The term public domain can be misleading in many cases. It is highly recommended that one consult with a qualified copyright attorney for any and all image copyright questions.
FAQs
Q: What Are the Rules for Copyrighted Images?
A: Generally speaking, anytime one uses the copyrighted work of someone else without a valid license or permission, it is copyright infringement. “Use” can be defined as reproducing, publishing, or distributing the work. Copyright images can be used if one has the proper license or permission from the copyright owner. It is wise to assume that all images are protected by copyright and should, therefore, not be used without permission or license.
Q: How Do You Know What Images Are Copyrighted?
A: A good way to tell if an image is copyrighted is to do what is called a reverse search for the image. This is done by right-clicking on the image, selecting “copy image address,” and then pasting that address into Google Images. You could also use a site such as TinEye or any site dedicated to reverse image searching. These sites will reveal where the image originated from and where it is used.
Q: How Do You Avoid Copyright Infringement on Images?
A: Ways to avoid copyright infringement on images include using a license agreement or getting permission. It is always a good idea to get permission in writing. It is also important to note that the license agreement should describe the scope of the image and one’s permitted use of the image. It is also a good rule of thumb that if one cannot determine who the owner of the image is, then do not use the work.
Q: Can I Use Copyrighted Images if I Give Credit?
A: It is important to understand that copyright law gives exclusive rights to the creator. It protects the creator’s work from any unauthorized or illegal use. Although giving proper credit to the creator seems ethical and respectful, it does not resolve copyright infringement. Giving credit or attribution to an image creator does not provide any copyright infringement protection.
Attentive Representation for You and Your Business
At The Myers Law Group, we understand that it can be difficult to understand all the complexities within the law. If you believe that you have had your copyrighted work infringed upon, or if you believe that someone is wrongfully accusing you of copyright infringement, seek help from a California copyright attorney as soon as possible.
The Myers Law Group has over 80 years of combined legal experience serving our clients. We have dedicated professionals ready to assist in all matters pertaining to intellectual property, which include but are not limited to copyright infringement, trademarks, patents, IP licensing, and international filing. Schedule a consultation today to learn how The Myers Law Group can assist you.