ChatterBank2 mins ago
Property rights
9 Answers
If I post photographs on my website for sale to the public is it legally possible for someone to access my website and download the pictures.
Is he or she entitled by law to do this or am I protected by intellectual property rights?
Thanks to anyone who can advise.
Is he or she entitled by law to do this or am I protected by intellectual property rights?
Thanks to anyone who can advise.
Answers
Best Answer
No best answer has yet been selected by Wheelbrace. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I found this text on jisclegal.ac.uk website:
"Copyright is one of the key branches of IP law and it protects the expression of ideas. For a work to gain copyright, it has to be original and should be expressed in a material form. Copyright is thus effective upon the creation of the work. It arises automatically and in the UK one does not have to register the copyright in the work before it is protected."
The next question is whether publishing on the internet is a material form.
It is relatively easy to protect photos on websites from copy-pasting.
"Copyright is one of the key branches of IP law and it protects the expression of ideas. For a work to gain copyright, it has to be original and should be expressed in a material form. Copyright is thus effective upon the creation of the work. It arises automatically and in the UK one does not have to register the copyright in the work before it is protected."
The next question is whether publishing on the internet is a material form.
It is relatively easy to protect photos on websites from copy-pasting.
I found the following useful also:
http://www.is4profit.com/business-advice/gener al-advice/copyright-basic-facts.html
http://www.is4profit.com/business-advice/gener al-advice/copyright-basic-facts.html
-- answer removed --
As Ethel says, it's impossible to protect pictures on a website. There are various ways which, to the novice user, appear to disable the ability to save a picture to a hard drive but all that anyone has to do, to overcome this, is to save the entire web page and then look through the files which make up that page and find the picture.
Yes, it's a breach of copyright but you can't stop it and (because, in most cases, you'd never know that it had happened) you can't take action against anyone who does so.
The best techniques to protect saleable images are to use small low-resolution pictures (which won't print well) on your website and/or to add a watermark to your pictures.
For example, look at these photos offered for sale by Getty Images:
http://www.gettyimages.com/Search/Search.aspx? src=quick&contractUrl=1&family=editorial&phras e=new%20york#
Pictures taken directly from that page are too small to be useful to most people. To see a much larger picture, you simply have to click on the required image. However, the picture you'll see will have a prominent watermark added. You can't get the 'proper' picture without payment.
Chris
Yes, it's a breach of copyright but you can't stop it and (because, in most cases, you'd never know that it had happened) you can't take action against anyone who does so.
The best techniques to protect saleable images are to use small low-resolution pictures (which won't print well) on your website and/or to add a watermark to your pictures.
For example, look at these photos offered for sale by Getty Images:
http://www.gettyimages.com/Search/Search.aspx? src=quick&contractUrl=1&family=editorial&phras e=new%20york#
Pictures taken directly from that page are too small to be useful to most people. To see a much larger picture, you simply have to click on the required image. However, the picture you'll see will have a prominent watermark added. You can't get the 'proper' picture without payment.
Chris
If anybody tries to download those pictures from your website without any prior permission and without paying any royalty or consideration then it would amount to copyright infringement under Section 63 of the Copyright Act, 1957. However, if the person is downloading these pictures and not commercialising it and/or is using for its personal use then it would not amount to copyright infringement, as it would be marked as an exception under Doctrine of fair use. More Info:- https:/ /www.bi swajits arkar.c om/