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Could this legally happen?


PugJr
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Lets say for instance that there is Person A who makes an image but doesn't copyright because he just doesn't care or doesn't want to waste the effort or whatever the case. Person B comes along, takes the image, copyrights it and then attempts to sue or take legal action against Person A for using his image.

 

Does Person B have the power to do this now/Is considered the creator of the image? How would this work in legal terms?

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No, that could never happen.

 

 

Well, it could happen, but it couldn't go down like that.

 

 

(By the way, I'm only familiar with the legal system of the USA.)

 

 

Copyright is automatic, meaning that unless Person A specifically forfeited his copyrights then he would retain them.  Also, even if he did release the picture for use by anyone, Person B could not claim copyrights.

 

 

Basically the only way Person B could have any legal control at all over the image would be if Person A gave him exclusive copyrights to it (not just the ability to use it, but rights in the sense of ownership).

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Corbin, the automatic copyright only would work if he had some form of proof that he had the image before Person B did, right? But lets say Person A didn't have any proof that he had the image before Person B. What would happen? Person A has no real proof of having this image before Person B, so in a legal case, how would that stand up?

 

Also, what is the point of http://www.copyright.gov/ if this automatic copyright does exist? That site copyrights materials from what I understand.

 

(Personally, I never heard of this automatic copyright before which might be why I'm asking this question in the first place.)

 

 

 

EDIT: Zanus, yes pretty much stealing the image. I'm just wondering if someone could do this, so which would mean, everyone has to copyright their image which hopefully we don't.

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http://www.copyright.gov/help/faq/faq-general.html

 

That pretty much answers your "If it's automatic, what's this website and why register?" question.

 

 

I did not think about proving that Person A created said image first.  In the world of the internet, it would be quite difficult to prove.

 

I guess a situation like that could be where registering a copyright would come into play.

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Well, technically speaking Person B couldn't prove it either, meaning Person B couldn't stop you from using the image.

 

 

I wonder how often that really happens... I'm sure you could think of some clever way to prove that you created something first for under $35.  No idea how though.

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Well, technically speaking Person B couldn't prove it either, meaning Person B couldn't stop you from using the image.

 

 

I wonder how often that really happens... I'm sure you could think of some clever way to prove that you created something first for under $35.  No idea how though.

 

I heard about a such situation a while ago. I'll see if I can find the link and possibly the outcome as well.

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Well, technically speaking Person B couldn't prove it either, meaning Person B couldn't stop you from using the image.

 

 

I wonder how often that really happens... I'm sure you could think of some clever way to prove that you created something first for under $35.  No idea how though.

 

What prevents Person B from copyrighting the image himself? He now has proof he created it (Well, he didn't actually create it though, but he is a thief), so now he can claim as the original and in that case he could stop person A, right?

 

 

 

@ Daniel, hopefully you can find it. Thanks for searching.

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Well, looks like we won't be getting an update at this board so...

 

Assuming Person B does copyright Person As material and has the papers and whatnot of saying that Person B made it (When infact he didn't), could Person B sue Person A or could he just ask Person A to take down the image and if he doesn't, then sue?

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in the end...it all really depends on who has more money and who has more proof and documentation on the matter... and also the better lawyers, which goes with more money.

 

Imagine Person B was Donald Trump and Person A was Tim Palmer from down the road.  My bet is that person B will win.

 

On the other hand...if Person A is Donald Trump..well...you get my point

 

 

The proper logical way to do this procedure in the first place would be for Person B to flat out pay Person A for their work, but instead Person B would end up paying MORE to the legal system to make it his/hers

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