| J. Dianne Brinson is a copyright attorney specializing in intellectual property. She is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), and author of INTERNET LEGAL FORMS FOR BUSINESS ($24.95 plus $5 p&h). LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at LaderaPres@aol.com; Web: www.laderapress.com. Her Web site includes a free primer on intellectual property law. |
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Question: Suppose that someone gets one of my photos and uses it in an ad without my permission. If the photo did not contain a copyright notice, is that person "off the hook?" Answer: No. Someone who uses your photo in an ad without your permission is violating your copyright,whether or not there's a copyright notice on the photo. Under current law, your photos are protected by copyright |
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whether or not you put a copyright notice on them. However, the fact that the photo did not have a copyright notice on it may result in a lower damages award, under copyright law's "innocent infringer" defense. One reason to use a copyright notice is that the "innocent infringer" defense is unavailable to a defendant who copied a work that contained a copyright notice.