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xeerex -> RE: Copyright on webpages: Is it worth a dang?! (11/17/2002 0:56:25)
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Hello all,
I have read this message forum for some time now as I am a FP freak[:D]. There is some absolutely excellent information here, and the board members are more than willing to help!
I have just spent some time researching some of the issues invovling copyright for a client' s website. Here is what I learned after researching the US Copyright Act of 1976 AND the Right to Publicity laws of various states.
In a nutshell, when you create an original work of art or design then you automatically own the copyright immediately and even after your death. That is unless you assign rights to another individual of course. You do not have to even put a copyright notice on it legally, although to pursue legal recourse you technically must register the copyrighted material with the US Copyright Office.
Photographs are a different story, specifically photos of persons. Here is an email excerpt to a person that initiated my research into this: quote:
" ...the photograph belongs to the photographer first and foremost." This is only partially true. While U.S. Copyright law does allow that ownership of a photograph or image is initially owned by the photographer, there are several instances where the photographer does not own the rights. For instance, have you ever heard of the Right of Publicity? The Right of Publicity prevents the unauthorized commercial use of an individual' s name, likeness, or other recognizable aspects of one' s persona without exclusive license or permission of the individual. It gives an individual the exclusive right to license the use of their identity for commercial promotion. While it is largely controlled by State not Federal law, it allows protection to the subject of the photograph. Although the Civil Rights laws on the Right to Privacy do vary somewhat from state to state, they generally prohibit the use of a living person' s name, portrait or picture for " advertising" or " trade" purposes without prior written consent, and provide criminal penalties and a private right of action for damages and injunctive relief. In this issue you have raised, it is the racers who actually have the Right to Privacy in the sense that their images and likenesses cannot be used for trade without license.
Rather than using a silly stolen car analogy, let me give you a more realistic one. A photographer takes a picture of a famous person and uses that image in a public commercial manner such as a magazine or online publication. If the photographer does not obtain license to use the subject in the photograph, the photographer is in violation of the subject' s Right to Privacy. Now, it is up to the subject to seek damages or injunctions through the courts.
In the case of meta tags, I don' t think you could really copyright them as there are so many general words that are used unless you created specific phrases for the client. In that case those could also be construed as trademarks such as a slogan.
If orginal works of art were created for the logos, then technically you still own the copyright to those. However, since you volunteered your time and services to the client, then I am not sure what recourse you would really have especially without a binding agreement on the license of copyrights.
I am no legal counsel but did spend some time on this subject and thought I' d add my 2 cents.
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