subject: The rules of downloading [print this page] The rules of downloading The rules of downloading
Whether it is software, music, pictures, graphics, videos-these have all been created by-and as such, belongs to someone. "copyright arises automatically" once a work is created, and the creator does not need to file any thing to own it . This means that even if the content is put it up at a public place like a blog or forums, you need the creator's permission to use it. In some cases , the copyright owner may have varying permissions for different types of use. For instance, a photographer may allow his work to be used free by non-commercial users like bloggers, but require payment for commercial use on corporate websites or brochures. While the end-products are copyrighted, ideas are fair game for reproduction. So if you really like a particular picture, you can copy its concept- the setting, the pose, the lighting- and shoot it accordingly to get the same effect.
Sue for your right.
If your work has been filched, you have the right to sue the culprit. Whether you win and get ahead financially though, depends on:
( 1 ) Where the culprit is : If he lives on home shores, it would be easier and cheaper for your lawyer to find and sue him. If he is abroad, expect higher costs.
( 2 ) Laws of the country : Do the laws in the violators country consider his actions a copyright infringement?
( 3 ) Where the work was posted: If your stolen work is on a third-party site allowing anonymous posting like Flickr or YouTube, it could get a lot messier. This is because you would have to first convince this third party site to release the infringer's details to you.
Would it be worth suing?
"Unless you are doing it on principle, you should be pragmatic when deciding whether to sue or not. and even if you have resources and want to sue the infringer on principle, in difficult lawsuit you could conceivably run out of money trying to find out who the person who downloaded your prized photograph and put it up on some third-party hosted site is.
