how do u see if a picture on a website is copyrighted. I am working on a project for a tech. class?

Question

I need pictures for an imovie we have to make. Are old pictures not copyrighted?

Answer 1

Intellectual properties can be used for academic purposes without any permission from the holder of that material. However, If you don't find any specific indication that the material is copyrighted you can download it without any hassle but this gives you no right to further distribute it or use that material for any commercial purpose. However if your purpose is academic then even a copyrighted material can be downloaded.

Look for the copyright sign every time you wish to download something.

Answer 2

If it has been marked with a notice or circle-C symbol, it is definitely copyrighted. If it is not marked, there is no way to tell. It still may be copyrighted, so the only safe thing is to assume that it is. The only way to know is contact the owner or source of the picture and get permission. Copyrights last a long time (75 yrs), and can be renewed, so you can't assume an old picture is ok.

Answer 3

The short answer: Under U.S. law, a work is copyrighted the instant that it is fixed in a tangible medium of expression (i.e., recorded in a book, on a disk, on a web site). Registration of the work with the U.S. copyright office doesn't create copyright--it entitles you to receive statutory damages for copyright violations.

The duration of a copyright varies depending on the copyright statute in effect at the time a work was created. See: http://www.copyright.gov/circs/circ15a.html for a quick summary of these rules.

To answer your question, though: Try contacting the website operator for more information about the image or visit the Copyright Clearinghouse, a site which lets you license copyrighted works from many mainstream media sources. http://www.copyright.com.

Depending on the nature of your film (i.e., limited, non-commercial, limited use of the image which doesn't reduce its commercial value, etc) you may also be able to use the image under the "fair use" exception to the copyright laws without a formal license from the copyright owner. The factors courts consider in determining whether a particular use was fair use are set forth in Section 107 of the U.S. Copyright Act:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

As you can see, it can be hard to determine whether or not a particular use is fair just by reading the statute. :-(