I have a question. If someone takes your art and uses it to enter a contest...Is that copyright infringement? They gave credit though...But it was still without my permission. I am still upset that people are using my art to make a profit.
2007-12-16 13:39:15 · 10 answers · asked by Tai 3 in Politics & Government ➔ Law & Ethics
I did copyright it. I just can't sue because I haven't registered it yet.
2007-12-16 13:45:39 · update #1
"Copyright protection begins when any of the above described work is actually created and fixed in a tangible form."
whatiscopyright.org
I am very frustrated.
2007-12-16 13:46:56 · update #2
Yes,
Any use of your original work without your permission is copyright infringement, but you can't sue because I doubt you paid the $40 fee and filed a copy with the special division of the Library of Congress (at least that is the procedure in the US).
In non-profit work and endeavors it is normally accepted that you have permission to use other people's work IF you give them the credit; but technically that is still a violation of their copyright. In the case of anything done for profit you would be entitled to a share in the profits and the use of your work was totally illegal.
You need to contact the group that sponsored the contest and tell them that your work was used without your permission and you want compensation. You are holding THEM responsible because they had to see the credit given to you in the final work and they did not contact you for permission to use your work. Then I would contact the person who stole your work and confront them demanding a share in the profits. If they don't then you will contact the company and prevent your work from being used and if it is used without your permission you will sue.
Technically you probably didn’t file for the official copyright, but morally and realistically there is no question you were ripped off and that is not good!
2007-12-16 13:48:50 · answer #1 · answered by Dan S 7 · 1⤊ 1⤋
Your work is copyrighted. Per the most recent copyright rules, copyright attaches when an original works is fixed upon a tangible medium. Your original art was placed on some medium, therefore it is copyrighted. You do not need to do anything further to gain copyright status on this original work.
Addressing the infringement question: It may be infringement. Well, let's clarify, use of someone's copyrighted work is infringement, but there are many defenses. Some works can be used depending on what it is used for or how much of it is used. If it is being used for educational purposes? That is a defense. Is only a portion of it being used? That is a defense. Have they parodied it? That is a defense. Did they use only a portion of it and cite it as your work? That is a defense.Some works, in particular, music, can be used if there the statutorily set fee is paid. Usually those are paid to ASCAP or BMI.
Only sometimes is permission by the copyright owner required.
Does this answer your question or lead to additional ones?
2007-12-16 21:56:26 · answer #2 · answered by Chris G 4 · 0⤊ 0⤋
I would say yes it is copyright infringement. If they are profiting from your work, it doesn't seem right, even if they gave credit to you, they are using the art for something that it wasn't intended for. It would be like taking a CD and entering it in a DJ mixing contest, even though they mentioned the artist name. It's a tough one.
2007-12-16 21:51:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
As you appear to be aware, you held copyright from the moment the art was created. You CAN sue for actual damages, if you can prove them, even without registering the copyright. If you had registered the copyright, you would have the option to sue for STATUTORY damages, without having to prove ACTUAL damages. By admitting you are the artist, the person has made half your case for you.
2007-12-16 22:13:00 · answer #4 · answered by STEVEN F 7 · 1⤊ 0⤋
if you made the picture they submitted it is a copyright violation.
The fact that they identified you as the artist doesnt matter. You are entitled to all mony that your picture made . You can sue in small claims court usually .
YOU CAN SUE !!!! it doesnt need to be registered to sue , but damages are limited to actual damages . If it is registered you can get punitive damages as well.
You can notify the contest organiser that your work was submitted without approval and you have not authorised any commercial use of it .
2007-12-16 21:47:24 · answer #5 · answered by mark 6 · 1⤊ 0⤋
Make em a nice pair of concrete shoes and have em swim with the fishes.
2007-12-16 21:42:24 · answer #6 · answered by mm3mmt 3 · 1⤊ 1⤋
No art is ever the same.
2007-12-16 21:41:45 · answer #7 · answered by Anonymous · 0⤊ 1⤋
No.
You can complain so they will lose, but you did not copy-right it. Therefore, they are not BREAKING the copyright. For example you can't break wood when there is none.
2007-12-16 21:42:28 · answer #8 · answered by Ilan K 3 · 0⤊ 3⤋
If you have it copywritten, yes, it is (as the rules have changed dramatically)
2007-12-16 21:43:58 · answer #9 · answered by Experto Credo 7 · 0⤊ 1⤋
its not really copyright infringement.
2007-12-16 21:41:45 · answer #10 · answered by LilC 2 · 0⤊ 3⤋