Copyright Infringement

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What to do about Copyright Violation

Know Your Copyrights


If you've had your work stolen, copied or 'borrowed' there are usually steps that can be taken to protect your work, although some legal avenues can be expensive. However, your work illegally posted by someone else on the Internet might only require some personal knowledge and effort to remedy.


I've had a thumbnail of my artwork taken from my website and posted elsewhere on the net without any credit to me or links back to my site. That removes any traceability to me as the creator. I took the appropriate steps and within a few days the material was removed from the website. If you've had work stolen and posted on the web and if you follow the same steps I took, you can probably get your work removed from an offending site too. However, "servers enabling internet-based copyright infringement are often based in countries with less strict copyright laws or enforcement history" ~ref: Wikipedia.org


While I'm familiar with basic copyright concepts, I am not a lawyer and I do not wish to represent myself as an authority or expert in the field. However, this page will guide you and give authoritative references for you to explore.

The Intent of U.S. Copyright Law

Why have copyright laws?


Article I, Section 8, Clause 8 of the United States Constitution gives the U.S. Congress the power:
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"


"useful Arts" does not refer to artistic endeavors, but rather to the work of artisans, people skilled in a manufacturing craft; "Science" is not limited to fields of modern scientific inquiry, but to all knowledge, including philosophy and literature.

~ref: Wikipedia.org

Notice that the clause is in two parts. The first part is the intent, "To promote the progress of science and useful arts", and the second part explains how to accomplish the first part. Therefore the intent is not to make a copyright holder wealthy; it's to promote progress by giving a copyright holder certain rights. The authors of the Constitution recognized that without protection many people would not bother to create or invent and the public good would suffer. Why write a book if anyone that reads it can take it and do what they wish with it, including claiming ownership and publishing it and keeping the profits without giving the author his due? Copyright protection promotes progress while providing economic incentive.

The U.S. Supreme Court has stated

"Creative work is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good."

~ref: Cornell University Law School citing Fogerty v. Fantasy, Inc. (92-1750), 510 U.S. 517 (1994).

Copyright protection is not without limitations however. There is the legal copyright limitation of 'fair use'.

"Although the courts have considered and ruled upon the fair use doctrine over and over again, no real definition of the concept has ever emerged. Indeed, since the doctrine is an equitable rule of reason, no generally applicable definition is possible, and each case raising the question must be decided on its own facts."

~ref: Cornell University Law School The cited article continues to explain that the courts have evolved standards for "balancing the equities" of fair use, and the article is worth reading if you want an understanding of fair use.

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Resources for Lawyers & Paralegals

This is the total study guide which comes complete with 36 Audio CD's, 8 DVD's, PatWare 9.0 software, three manuals: ClaimsLight, Prime Questions, and Pre-Course Material. This is the 2006 copyright version (the most updated set currently). You get all the resources to pass the exam. Cross-referenced to the MPEP, it gives you Exam tips, and even study suggestions for every sections of the MPEP tested on the exam.
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View all Law Practice References

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With stimulating questions, comprehensive notes, and teachable and well edited cases as its hallmarks, this is the authoritative law school casebook for the study of copyright law. The book presents up to the minute materials ncluding key decisions of the Supreme Court dealing both with new technologies and with the more "traditional" issues in the field.

Copyright Cases and Materials

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General Copyright Resources

For the Public, Lawyers, & Paralegals

Check out the Books & Magazines on Intellectual Property & Information Technology (Covers all of the major areas of practice - patents, copyrights, trademarks, and computer/information technology law. View featured products or browse the entire line of Intellectual Property Law and Information Technology products.
Visit the Homepagelaw & business Publisher's Homepage for a complete list of books & magazines on other legal topics.

Also check out:















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Coverage ranges from the fundamental concepts of originality, authorship, and infringement, to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millenium Copyright Act. The ever-evolving doctrines of fair use and contributory liability are given thorough attention.

Copyright Law in a Nutshell (In a Nutshell (West Publishing))

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The fundamental elements of copyright protection are explained in a simple, effective volume important to any writer. The basics of copyright law is explained through numerous clear examples and discussions of the foundations of protection; from applications to music and electronics to fair use policies.

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My Personal Experience

Steps that I took to remove the illegal copy of my work

The 'borrowed' artwork, "Smooth Moves".
Copyright © 2007 by Edward L Kinnally. All rights reserved.

1) I sent an email to the forum user that took my image asking her to either credit the art to me with a link to my website or to remove the image. I did not receive a response. I think I left a message in the forum too, but got no response.

2) I read the Terms of Service (TOS) at the forum and they had a link with instructions as to how to file a complaint. You can contact the webmaster and if they don't respond you can use Whois to locate the website's Internet Service Provider (ISP), if public, and then contact them.

3) I gathered evidence to prove that the image was mine. I pointed the forum webmaster to my website where the artwork was for sale. I informed them of the date that I created the artwork and that it was fractal based and couldn't be duplicated by chance. Also, the program used to create the fractal art would have to be known. I told them I had the original fractal files and settings for the art to prove it was mine.

I kept the Photoshop files where the artwork layers were created. I gave them a zoomed in picture of the signature with my name on the artwork, which was also barely legible on the thumbnail. (If you zoom in you can see it in the lower right corner.) I gave them an exact copy of the thumbnail, only larger so that they could easily see that the signature was mine. I informed them that I had various copies of the artwork that I had created in different steps on my way to completing the work. I told them that my computer date stamps showed that the artwork was created a few years ago over a period of several weeks.

In other words I left no doubt that I could prove to a court that the artwork was mine.

I filed a complaint on a Monday and that Thursday I received an official looking email from them stating that the image had been removed.

The process was tedious but effective. In the event that the forum website owners didn't respond, the next step would have been to contact the Internet Service Provider (ISP) and file the proper forms with them. They want their users to comply with copyright laws and so you can usually expect positive results in many countries.

Here's a sample case with legal information from Nolo's Patent, Copyright & Trademark Blog.

P.S. I always keep several copies of my artwork as it's developed. Even if you're a painter you might want to take pictures of your work in progress, or a photo of you with your art on the easel when you're finished. Also, I never display the full image on any website, only a small version.

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Tineye

How I searched for my image on the internet

From the Tineye website:

TinEye is a reverse image search engine. You can submit an image to TinEye to find out where it came from, how it is being used, if modified versions of the image exist, or to find higher resolution versions. TinEye is the first image search engine on the web to use image identification technology rather than keywords, metadata or watermarks. For some real TinEye search examples, check out our Cool Searches page.



I've been following Tineye and Idée for years, both at their websites and recently on Twitter (@tineye). It's an excellent technology for finding copies of an image if the copied image data is in their database. There are billions of images on the web, and they only have a small fraction of them. Check out Idée to see their other products, and run a search on a couple of your images at Tineye to see how easy and quick it is. They accept JPEG, PNG and GIF images up to 1 megabyte in size. Submitted images must adhere to their Terms of Service (no porno, illegal files, etc.). Read what Tineye does with images you test on their FAQ page.

You used to have to sign up for the Beta at Idée, but I don't believe that's required any more. I signed up several years ago when the database was much smaller.

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Tineye Finds a Violation!

Find your image with Tineye or Google images

Angel's Wing, contemporary art by Edward Kinnally
The 'borrowed' artwork, "Angel's Wing".
Copyright © 2008 by Edward L Kinnally. All rights reserved.

I hadn't used Tineye in years, so this morning I played around with it and I found a blog with my artwork prominently displayed at the beginning of the post! The post was put up recently and this was a fairly quick detection. I have reproduced the artwork here at the same size that the poster had used in the blog. You can see "© Kinnally" in the lower right corner. It's not an official notification because it lacks the year the work was fixed in publication, but it's very evident that the image is copyrighted. (Usually I just use "Kinnally"; this is after all a piece of art and the visual impression of the signature is important. All of the legal info is distracting from the work and visually unappealing.)

The image had been resized to a width & height of 300 as I have reproduced here. I've also included the signature of the image before the art was adjusted by the author to fit in the blog post; it's plainly visible. Zoom in on the page and the copyright symbol can be seen even in the art she posted:
Angel's Wing signature, artwork signature of Edward Kinnally No, it's not quite my real signature.

The obviousness of the ownership did not stop the user from posting my art without my permission and without credits or a link to my website. In fact a mouseover of the art showed a picture of the blog owner's main website and clicking on the image opened a new window to that site. At the website site the author claims years of experience in the writing field and in the page footer there is a copyright notice that states that content "cannot be reproduced without permission."

Just above the footer is the image: (visit Copyscape)
A mouseover of this warning shows the text "Do not copy content from the page. Plagiarism will be detected by Copyscape." You may want to follow the link and try Copyscape yourself.

I ask you, what kind of a defense could this person use in a court of law? The author has done a terrific job of confirming awareness of copyright and has taken steps to warn others about using their own work, yet has obviously used someone else's work illegally.

The artwork (MY artwork!) was posted along with a tender personal story; a very moving story until one realizes that there is illegal copyright infringement used to emphasize the emotions claimed in the post.

I wrote the following in the blog's guestbook:

The use of my artwork "Angel's Wing" in this post, without my authorization, is a violation of U.S. copyright law, the Berne Convention and the WordPress Terms of Service. You must either remove the art or credit the art within the post near or below the image. The proper credit must also be displayed with an image mouseover, such as the use of both an ALT attribute and a TITLE attribute for the image. Both the written credit link and the image link must forward the user to http://www.pixelatedpalette.com. The text credit and the image credit must include the exact phrase "Angel's Wing, contemporary art by Edward Kinnally", no more nor less. Your immediate action to either remove the artwork or implement the required change is expected or I will begin any necessary legal processes and notifications.


Short, to the point, and a bit blunt. A private email may have been better, but the post comments are moderated and so will not see the light of day; no one at the blog site except for the author will ever read it. This is not the time to rant or call people names; state your case and act professionally but assertively. The author removed the artwork within a few hours.

Another method, but more tedious, is to use Google image search. If the person using your image hasn't changed anything and if you give your images unique names, then it might be easy to find your image and the site where its being used. I also use Google Alerts, not so much to catch image theft, but to see who's using my art or blogging about a particular artwork.

My thanks to Squidoo's 'Flynn the Cat' for 'Angel blessing' this page and reminding me of Tineye (see Flynn's Tineye page).

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Google

Had your internet work ripped off?

Google states "It is our policy to respond to clear notices of alleged copyright infringement."

They further state "...our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification"

To that end they have set up a page outlining the procedure that you must follow in order to submit a notice of alleged infringement. The page also includes the information necessary to submit a counter notification.

"Crying Time coffee mug.
Copyright © 2008 by Edward L Kinnally. All rights reserved."

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Copyright Basics

At least learn the basic copyright information

Laws are are often a matter of opinion and geography. What applies in my local area or country is probably different from what applies in yours. You'll have to check your own country's laws to understand what you may or may not legally do and what protections you have. But be aware that today copyright issues may be international in scope; you may find your work on display on another website hosted in a foreign country.

In the United States the Copyright Office has published Circular 01, "Copyright Basics" in .pdf format.

The introduction states:
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

  • To reproduce the work in copies or phonorecords;
  • To prepare derivative works based upon the work;
  • To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  • To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
  • To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual
    work; and
  • In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission.
    In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the Visual Arts.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.

Other sections within that document are:

  • Who Can Claim Copyright? (This section is documented further down this page)
  • Copyright and National Origin of the Work
  • What Works Are Protected?
  • What Is Not Protected by Copyright?
  • How to Secure a Copyright
  • Publication
  • Notice of Copyright
  • How Long Copyright Protection Endures
  • Transfer of Copyright
  • International Copyright Protection
  • Copyright Registration
  • Registration Procedures
  • Effective Date of Registration
  • Corrections and Amplifications of Existing Registrations
  • Mandatory Deposit for Works Published in the United States
  • Use of Mandatory Deposit to Satisfy Registration Requirements
  • Who May File an Application Form?
  • Fees
  • Search of Copyright Office Records
  • For Further Information


There are subtopics within those topics, and as you can see the list is fairly comprehensive. The document is only twelve pages long and is worth reading, especially if you're a U.S. resident. Just follow the above link.

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Work for Hire

Who Can Claim Copyright?

From the U.S. Copyright Office:

In the U.S. 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 the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as: 1 a work prepared by an employee within the scope of his or her employment; or 2 a work specially ordered or commissioned for use as:

  • a contribution to a collective work
  • a part of a motion picture or other audiovisual work
  • a translation
  • a supplementary work
  • a compilation
  • an instructional text
  • a test
  • answer material for a test
  • an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution. Two General Principles:

  • Mere ownership of a book, manuscript, painting, or any other copy or phonorecord 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.
  • Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.


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U.S. Government Copyright

Look for your own government's copyright office information

The U.S. Government copyright page contains for following topics::

  • Copyright Basics
    • Frequently Asked Questions (FAQ)
    • Current Fees
    • Taking the Mystery Out of Copyright (for students and teachers)
  • Search Copyright Records
    • Registrations and Documents
    • Notices of Restored Copyrights
    • Online Service Providers
    • Vessel Hull Designs
  • Publications
    • Circulars and Brochures
    • Forms
    • Factsheets
    • Reports and Studies
  • Licensing
    • Compulsory and Statutory Licenses
  • Preregistration
    • Preregistration Information
    • Preregister Your Work
  • How to Register a Work
    • Electronic Copyright Office
  • How to Record a Document
    • Record a Document
  • Law and Policy
    • Copyright Law
    • Federal Register Notices
    • Current Legislation
    • Regulations
    • Mandatory Deposit
    • Rulemaking
    • Rulings Regarding the CRB
    • More...
  • Related Links
    • Patents and Trademarks
    • Copyright Royalty Board
    • More...


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Length of Copyright Protection

How long does copyright last in the U.S.?

In the U.S. this can get a little complicated. The aforementioned document, "Copyright Basics", breaks the laws governing the length of protection into three groups:

  • Works Originally Created on or after January 1, 1978
  • Works Originally Created Before January 1, 1978, But Not Published or Registered by That Date
  • Works Originally Created and Published or Registered before January 1, 1978
For many of us our primary concern in protecting our own works is the first bulleted item which covers works created since Jan 1, 1978. The circular states:

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. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.



Cornell has done a good job of outlining the length of protection in their document "Copyright Term and the Public Domain in the United States"

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The Copyright Handbook

What Every Writer Needs to Know

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The Copyright Handbook: What Every Writer Needs to Know

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Copyright Infringement

What exactly is copyright infringement?

Copyright infringement (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

The most important international treaty concerning copyright infringement is the Berne Convention of 1886 as amended... The US signed the treaty with one important exception: it did not accept the recognition of moral rights... (which) enable a copyright holder to "object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation." The US expressly stated... (that) literary criticism and parody are important parts of the US infringement defense of fair use... etc.

Infringement suit in U.S. law:
U.S. law requires a copyright holder to establish ownership of a valid copyright and the copying of constituent elements of the work that are original... (and) must then establish both actual copying and improper appropriation of the work. The burden lies with the plaintiff... etc.

This module contents courtesty of: Wikipedia.org
There are examples within this same reference regarding British copyright law.

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What's your experience?

Has someone used your work illegally?

Have you had someone use your work without your permission when it wasn't 'fair use'? Has it happened to a friend? If so, please leave some comments about the experience in the guestbook, so that other's may gain from it.

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If Yes, then were you able to fix the problem?

Did you get your work removed from their site?

Please let us know in the guestbook how you caught someone using your work, and how you solved the problem - or if you couldn't!

If the problem wasn't internet related, we still would love it if you would share!

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The U.S. Orphan Works Act

There's a lot of work out there with unknown authorship

This legislation has a lot of people up in arms and there are a lot of misconceptions and bad information floating around about the possible effects of this legislation. The issue is much too complex and I'm not knowledgable enough to discuss it, but I'm bringing it up because it's an important copyright issue. Information can be found on the U.S. Copyright Office webpage devoted to the topic.

A google search for Orphan Works Act results in 149,000 hits, so if you want to do a little research there's plenty of information available including a Wikipedia.org page on the topic.

Try to make sure that work is traceable back to you. Put your name, website and safe email address into documents, and keep a record of the file names. I use a reasonably legible signature on my artwork and try to give them unique titles.

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Public Domain

Make sure it's public domain before you use it, or else get permission

The public domain is a range of abstract materials - commonly referred to as intellectual property - which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works. Furthermore, the laws of various countries define the scope of the public domain differently, making it necessary to specify which jurisdiction's public domain is being discussed.

~ref: Wikipedia.org
See the Wiki reference page for more information on Public Domain.

Sample of a public domain image, from Wikipedia.org:


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Creative Commons

How to share your work while still keeping certain rights.

In addition to the normal copyright and slashed copyright sumbols, you may come across Creative Commons symbols.

"Creative Commons (CC) is a non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons licenses. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators."
~ref: Wikipedia.org
See the referenced Wikipedia page for more information

Various Creative Commons licenses are available; see their definitions and attributes. They each their own symbols; they're categorized as:

  • Attribution
  • Attribution Share Alike
  • Attribution No Derivatives
  • Attribution Non-Commercial
  • Attribution Non-Commercial Share Alike
  • Attribution Non-Commercial No Derivatives

    Visit the Creative Commons home page.
powered by Youtube

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Poor Man's Copyright

How NOT to copyright

Poor man's copyright refers to the method of using registered dating by the postal service, a notary public or other highly trusted source to date intellectual property, thereby helping to establish that the material has been in one's possession since a particular time. The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the poor-man's copyright would at least establish a legally-recognized date of possession before any proof which a third party may possess.

The PMC was originally used by authors who sent copies of their own work to themselves through the mail without opening the envelopes in the hope that it would grant them legal protection by establishing a date at which the work was created. Use of this method may not hold up in a court as it is simple for individuals to pre-send envelopes which can then be used later by placing the materials inside.

~ref: Wikipedia.org

The U.S. Patent Office states:
"There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

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Copyright on eBay

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Image Metadata

Store copyright information into your images

Photo IPTC metadata is designed to embed relevant rights information. You can help identify your images by embedding the proper information. If you own PhotoShop, open the image and go to the menu:
File/File Info...
and a box will pop up where you can embed information:


As you can see, you can add information inside of the image file you are creating. The Caption area isn't really meant for contact info, but I use it that way as a mean to help identify who owns that image. Your contact information might be better placed in the Copyright Notice area. I'm not sure if there's a way to lock the information or not; maybe someone will comment on that.

There is also a thorough write-up on metadata by www.thirdlight.com that you might find interesting.

Here's a link to an article by www.plagiarismtoday.com titled "Adding Copyright to Exif Automatically".

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The Berne Convention

An international agreement governing copyright

Wikipedia states:
Under the Convention, copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Convention.
The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created. ref - Wikipedia.org

As of September 2008[update], there are 164 countries that are parties to the Berne Convention.

Please note that in the United States a copyright must be properly filed and registered prior to instituting a law suit for statutory damages and attorney's fees. Check your own country's requirements.

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U.S. Digital Millennium Copyright Act

European Copyright Directive or EUCD

...a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.

...the European Union passed the Copyright Directive or EUCD, which addresses some of the same issues as the DMCA. But the DMCA's principal innovation in the field of copyright, the exemption from direct and indirect liability of internet service providers and other intermediaries (Title II of the DMCA), was separately addressed, and largely followed, in Europe by means of the separate Electronic Commerce Directive.

~ref: Wikipedia.org

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Copyright Clearance Center

What if I want to copy something in a magazine?

If you're in business and have employees that copy text from periodicals, books, magazines, etc., you may wish to investigate purchasing a license from CCC and to educate your employees about what they are and are not allowed to do. They'll need information as to how many copies they can make, how the copies can be distributed, whether or not the copies can leave the organization, what e-mail rules to follow, etc.

The Copyright Clearance Center has a paper, "Guidelines for Creating a Copyright Compliance Policy", wherein they outline guidelines, examples of copyrighted works, a sample copyright compliance policy and they list resources for permission to use copyrighted works.

From the CCC website:
"CCC was created in 1978 by a group of authors and publishers. Today, we represent tens of thousands of authors, publishers and creators from nearly every country in the world, and we license the rights to millions of books, journals, newspapers, websites, ebooks, images, blogs and more."

Please note that they don't claim to represent ALL books, journals, newspapers, etc.

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Free Copyright Services

Is 'free' worth what you pay for, or is it a valuable gift?

These services help establish the date of your copyrighted work. As I stated above I'm no lawyer, but to the best of my knowledge that's all they really accomplish. although the sight of their logos on your web pages might prevent some people from copying your work. Using the service might help you prove that you created the work on or before a particular date, but then again the free service might not have sufficient weight in a court of law to do you any good; I wouldn't know. A lawyer might argue that the private company does not maintain sufficient control of their records and database, that such records can be altered, or they may argue in dozens of different ways that render such evidence questionable. And who would pay to substantiate the validity of the data and registration? Would the company go to the trouble to prove to the court that their information is reliable and protected?

I'm just guessing here. Maybe those services are worthwhile; maybe not. It is possible that a court in your country would at least accept the free registration as proof of a particular date, especially if it isn't possible for you to edit those dates once submitted.

But in my opinion there's no substitute for the patent office if your country has one. To the best of my knowledge, in the U.S. a copyright registration by online free services is not acceptable registration as the basis for a lawsuit. I'm pretty sure that you must register with the U.S. Government Ccopyright Office prior to filing your case or you'll probably find it thrown out of court.

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Have you ever registered anything?

Have you used the Copyright Office?

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The Copyright Symbol ©

A sample copyright notice

From the U.S. Copyright Office Circular 3:

Visually Perceptible Copies
The notice for visually perceptible copies should contain three elements. They should appear together or in close proximity on the copies. The elements are:
1 The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."; and
2 The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles; and 3 The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

Example: © 2007 Jane Doe

If the copyright automatically belongs to you when the work is fixed, why is a copyright notice important? U.S. Copyright Office Circular 3 states:

Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not give any weight to a defendant's interposition of an innocent infringement defense - that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the copyright owner would otherwise receive. (Italicized words are italics in the circular. See the circular for other important information such as the position of the notice, omission of notice and errors in notice, etc.)



I usually add more information to the notice, and I see the following form frequently:
Copyright 2009 Edward Kinnally. All rights reserved.

On a PC, to make the © symbol try holding down the Alt & Control keys while typing "C".

Or type Alt+0169 on the keypad on the right side of your keyboard. Hold down the ALT key while typing all four numbers.

On a MAC, hold down the OPTION key and type "g".

The HTML code is an ampersand followed by the letters c+o+p+y followed by a semi-colon, as in -> ©

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Learn anything?

This is a lot of copyright information to absorb

If you didn't learn anything from this lens, then you should be writing about copyright - and you even get to have your own copyrighted article as a reward ;-)

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A few of my Squidoo art pages

I feature a lot of 'discovered' artists too! See my Lensography link below.

Art Materials Safety Excerpts from "Art Materials Safety" © 2007 www.pixelatedpalette.com, written by me (Edward Kinnally) and authenticated by a leading art materials expert (a past Chair of ASTM D01.57 on Artists' Materials) and also by an Adjunct Professor with a Stanford PhD in Organic Chemistry. This article should be of interest to anyone who creates art, or lives with someone that does, or has children that use art materials. Most materials are safe when used as intended, but many people are not aware of the potential hazards involved in their incorrect use.


Gustav Klimt
'Kiss', a painting by Gustav Klimt

MC Escher'Eye', a drawing by MC Escher

Norman Rockwell

'Outward Bound', a painting by Norman Rockwell







Pablo Picasso
'Blue Nude', art print by Pablo Picasso

Pierre-Auguste Renoir

'Vase Of Chrysanthemums', art print by Pierre-Auguste Renoir

Tandi Venter

'Memories Of Tuscany I', art print by Tandi Venter



See my Profile Page for more lenses on
wonderful Contemporary Artists!

My Squidoo Lensography



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Links

Art Prints; a Slideshow
Contemporary artists & Museum art
Art prints; a slideshow - 'Dawn Chase', by Montague Dawson



My Lensography
(my Squidoo pages)
Art print; 'Tournee Du Chat Noir', by Theophile Alexandre Steinlen

Giclee Prints
Art Prints
Giclee print; Angel's Wing, by Kinnally

Classic Art Prints
Classic Artists
Art print; 'Frau Mit Buch', by Pablo Picasso





Giclee
What is a giclee?
Giclee print; Circumnavigation, by Edward Kinnally

Giclees
Art by Kinnally
Giclee prints; 'Smooth Moves', by Edward Kinnally





Contemporary Art
by Exceptional Artists
Giclee print; 'Happy Anniversary', by Mark Preston

How to Paint
Select Books
Art books; example - 'Carlson's Guide to Landscape Painting', by John F. Carlson




Art Prints
by Past Masters
Artists Wife by Egon Schiele



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FBI Ten Most Wanted

FBI Ten Most Wanted Poster


My Facebook
Profile
Facebook icon

My Facebook
Fan Page
Facebook icon


Twitter icon
My Twitter name is
@giclee


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Kinnally

Original contemporary fine art giclee prints by award winning artist Edward Kinnally. I usually promote other artists' work more than my own!

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