There are not many wavering factors when it comes to the law, not many fine lines either. In getting photo's on private property they can tell you whether you may use any shots you take of their property. Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 4," The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. The problem occurs when the objects are of private property but is taken on public. Take for instance a casino. The casino owner has a right to tell you whether you can use an image if it is used for capital gain or anything else that involves money transfer. "Intellectual property encompasses creative works, products, processes, imagery, inventions, and services and is protected by patent, copyright, trademark, or trade secret law." Patent, Copyright, and Trademark by Attorney Richard Stim page 102. The photo could essentially be the casino's property.
"An assignment is a document that transfers a patent owner's rights in exchange for money payable in a lump sum or royalties on future sales." Patent, Copyright, and Trademark by Attorney Richard Stim page 33.
In taking over someone's website its still breaking the law when you use their stuff on the site after you take it from them? Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 209, "In order to prove that a work was copied, sold, or performed without authorization, the copyright owner must demonstrate that the person accused of infringement had a reasonable opportunity to view or hear the copyrighted work and that the two works, the infringer's and the copyright owners' are substantially similar.
It sometimes makes it hard to find things that we can use because there has already been so much already done. Its easier to find an idea and stick with it. "When an original work of authorship has heavily relied upon an earlier one for its content and expression, it is said to be based on earlier work and under the Copyright Act is considered to be a derivative work.Patent, Copyright, and Trademark by Attorney Richard Stim page 216. I have had many privelges in the past with working with photos and digital images. It is from my understanding that you can change them to a certain extent to where it becomes yours as long at the elements are not noticeable , or the key factors of the photos. Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 296, " Photographic images are protectable under copyright law whether in print or digital format." I hate beimng photographed or filmed unless it was asked about before had. I do feel like it is a invasion of my privacy. "A person who is the subject of a photo may be able to prevent its reproduction under legal theories such as the right of publicity, defamation, or invasion of privacy." Patent, Copyright, and Trademark by Attorney Richard Stim page 296
It is horrible to steal someone's own work and it should never be done. It is done though. "Deliberately passing off somebody else's original work as one's own is known as plagiarism."Patent, Copyright, and Trademark by Attorney Richard Stim page 298. In plagairism it is hard for web designers to find out if someone has stolen your ideas because there are so many out there. That is why in choosing a web domain there can not be two alike on a server like .com or .net. "A website or Web Page is protected under copyright law and may be registered with the Copyright Office." Patent, Copyright, and Trademark by Attorney Richard Stim page 319. there are many sites that help you choose names for your web site. Some even show you other sites with similar names. Write them down, and do your research before creating anything on the web.
