Most people take pictures or videos of themselves and post it to social networking sites like, Facebook or Myspace. However, what some people are unaware of is that those materials are considered “original works” under copyright law. The information, unless thoroughly changed, are available to every user who comes across someone’s page. Here are some precautions people can take to ensure that someone else does not use their “original works” without permission.
According to O’Donnell and Mehta, they are as follows:
-Read the fine print before uploading. Many social networking sites will list the rights that you waive by uploading media.
-Register any important or commercial work. If you plan to offer items for sale or a work is particularly valuable to you (either commercially or personally), register it with the U.S. Copyright Office.
-Mark your documents. The Digital Millennium Copyright Act protects the rights of artists whose works are exploited over the internet.
-Most importantly, be careful. Be mindful that anything you post online can be counterfeited and fall into anyone's hands. You should be careful not to post anything that you are not willing to give up.
Being able to determine if a work is considered published if it is online is often hazy.
On December 12, 2001 in Getaped.com Inc. v. Cangemi, the U.S. District Court for the Southern District of New York held that when a web page goes live on the internet, it is distributed and "published." In that case, Getaped filed an action against Cangemi for allegedly copying portions of its website directed to selling scooters and sought statutory damages.
The Judge Ronald L. Ellis ruled in favor of the plaintiff. “Merely by accessing a webpage, an Internet user acquires the ability to make a copy of that webpage, a copy that is, in fact, indistinguishable in every part from the original. Consequently, when a web site goes live, the creator loses the ability to control either duplication or further distribution of his or her work. A webpage in this respect is indistinguishable from photographs, music files or software posted on the web -- all can be freely copied.”
We have to be extra careful of what we post to our pages. Since, the no one is entirely certain what publication consists of regarding pictures/videos posted on our pages, I would like to think we are protected under copyright law for our “original works.” Only time and perhaps another case will tell the fate of this question.
For more information go to: LAW.COM
---MONA
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