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You And The Law
How do we protect intellectual property in cyberspace? People who are now trying to address issues of copyright, ownership and protection in cyberspace including judges and lawyers are rolling with court decisions and interpretations as best they can. We do not know where it's going, but I hope we will be instrumental in steering it in the right direction. The rush to get on the World Wide Web is not unlike the Gold Rush of 1849. Thousands hoped to find their fortunes in gold but only equipment suppliers (of Levi's jeans, picks, and shovels) made a profit. Today, ISP (Internet Service Providers) and the conduits (AOL, Prodigy and CompuServe) make a profit providing access. However, content providers and advertisers have not figured out how to make any money on the Internet. As the Internet medium evolves, photographers will be drawn into this evolving commercial revolution. It's important more then ever to keep abreast of your rights and to learn how to protect those rights.  Copyright infringement will always be there, but as
businesspeople, you must weigh the risks and rewards of
displaying your work with the U.S. Copyright office
(202-707-9100). For yet unpublished photographs, an
infinite number of images can be registered with the
Copyright Office. The fee is $20. You should add
a watermark and/or copyright notice to your online
images (or state in a contract that the access provider must do this).
To prove infringement, you have to prove that the alleged infringer had access to your work. But there is a "presumption of access" if a work is nearly identical to your original. In that case, the burden of proof is on the defendant to establish independent creation. If you find your work on some else's Web page without your authorization, write a letter saying, `We have no record of your having rights to this image.' They may have gotten the rights from a client of yours. In other words, it may not be willful infringement. Remember: you're in business. Don't antagonize. Also know that litigation against a client doesn't necessarily mean losing that client. It's just a means to resolve a dispute." Copyright infringement cases do not have to take "five years and cost you $100,000, as many people mistakenly believe." As Internet litigation evolves, cases build on each other. You get precedents and you start to build a body of law, working up though the federal district courts, the circuit courts and the Supreme Court. You can't stop the flow of technology, and no court will stop the expansion of cyberspace. Yes, we need some policing of it. It will take awhile, but it will arrive eventually.
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