Posted by Butch Cappel
on October 13, 2009, 8:51 am
Message modified by board administrator October 14, 2009, 8:48 am
OK kindergarten is in session and the new week is starting out. To get us back on track as a board of "accurate" information I thought I would add to a thread down below about Copyright laws.
As a published author I have dealt with these laws more than a few times and it could be useful knowledge for any one writing or posting photos in cyberspace, so let's get it right for those that use this board.
One poster said; I believe material is only copyright protected if it is either ...
1.Marked as such, or
2.From a page marked as such. WRONG!
If you see someone post their photo it is "Their"
photo just as when you see them park "Their" car in a parking lot. If you hot wire the car and drive it off somewhere, you have just stolen "Their" property.
If you take "Their" words or photos yo have just "Stolen" their property. In a court of law these items are referred to as "Intellectual Property"
IP is under copyright protection as soon as it is created, whether it is registered with the Library of Congress or not.
When dealing with commercially intended material most will take the extra step to register the material with a Copyright authority. Your property is still yours whether you take this step or not, but if you register, you now have the legal endorsement of a government entity, in a court of law, as to when and where the property was created.
Some think you must "mark" material to have it protected? If you have NOT registered the material, that mark would actually be illegal, since it represents government endorsement.
For purposes of prosecution your property is your property. You just have a greater burden of proof without the government registration to endorse your dates and claim.
I believe most states will do Copyright infringement in their small claims court systems. This is good for those that are not doing commercial material but still feel they have had property stolen. You don't have to hire an attorney and can usually file for up to five thousand dollars. You do have to file in the state of the person you are accusing.
In todays world you can also do Judge Judy. Most TV courts are set up like a small claims system with the same limits. You can sue for pain and suffering instead of just actual damages, AND you get to expose your thief to the world.
Of course if you can't get through your opening statement without belching, you could end up looking pretty stupid too.
OK! On to dog talk!!!
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