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Thread started 15 Jan 2014 (Wednesday) 13:04
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How would you interpret this copyright law?

 
Aki78
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Jan 15, 2014 13:04 |  #1

Was reading the US Copyright Office's website and this stuck out:

http://www.copyright.g​ov/help/faq/faq-fairuse.html (external link)

A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.

Is this a direct sale of the photo or can it be interpreted as any for-profit companies using for their advertisement, brochure, products on a website, etc?




  
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gonzogolf
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Jan 15, 2014 13:12 |  #2

Aki78 wrote in post #16608083 (external link)
Was reading the US Copyright Office's website and this stuck out:

http://www.copyright.g​ov/help/faq/faq-fairuse.html (external link)

Is this a direct sale of the photo or can it be interpreted as any for-profit companies using for their advertisement, brochure, products on a website, etc?

To rise to the level of criminal, from a practical perspective, you would likely have to have a violator continuing to use copyrighted materials after being notified, and probably be producing a physical product for sale. The FBI is unlikely to interfere with a single stolen image being used in a brochure or website.




  
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Aki78
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Jan 15, 2014 13:13 |  #3

Ya I was wondering about the bolded part but didn't know it could possibly start an investigation.




  
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gonzogolf
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Jan 15, 2014 13:16 |  #4

Aki78 wrote in post #16608127 (external link)
Ya I was wondering about the bolded part but didn't know it could possibly start an investigation.

You can certainly complain about any concern to the local US Attorney for your district. They have to balance the use of resources for the public good so what would constitute an actionable offense would vary from district to district. Ripping off an image to make tee shirts might trigger an investigation in Iowa, and get you laughed out of the office in New York city.




  
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vengence
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Jan 15, 2014 14:47 |  #5

May is the key word there.




  
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Fernando
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Jan 15, 2014 16:16 |  #6

Think NCAA or Disney.

Yes, if you're big enough of an operation or infringing on one of the big boys, the likelihood of the Feds being involved increases substantially.

I will say that when it hits the news they don't use words like copyright infringement, they say things like dealing in counterfeit goods.


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Dan ­ Marchant
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Jan 15, 2014 21:32 as a reply to  @ Fernando's post |  #7

Agree with Fernando. Criminal investigations would be for counterfeiters importing box loads of infringing fakes or websites hosting huge amounts of infringing material (think Megaupload).


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WMS
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Jan 16, 2014 13:54 |  #8

this is a specific legal question and I would suggest asking consulting an Attorney who specializes in copyright law. for free background information I would suggest reading one or both of these 'Blogs"

1) http://thecopyrightzon​e.com/ (external link)

2) http://www.photoattorn​ey.com/ (external link)

There are possible other blogs and or online information sources I am not aware of.


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ryanshoots
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Jan 16, 2014 14:54 |  #9

Dan Marchant wrote in post #16609247 (external link)
Agree with Fernando. Criminal investigations would be for counterfeiters importing box loads of infringing fakes or websites hosting huge amounts of infringing material (think Megaupload).

Oh, then my cat photos aren't a priority for them.




  
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EJphotos
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Jan 18, 2014 13:43 |  #10

In cases of willfull infringement for profit

I would interpret that to mean knowingly and pre-meditated theft. In which case, theft is criminal. It's like stealing an item from a store, then taking it to the local pawn shop to sell it.




  
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How would you interpret this copyright law?
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