Loc: Dallas, GA
Re: the latest response
01/13/05 10:32 PM
Right from the Copyright Offices website:
WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
pictorial... meaning a picture.
If I take a picture of the Mona Lisa, that is NOT copyright infringement as I took the picture. However, if I print the picture and try to pass the painting off as my own or try selling the picture for profit, that would be infringment.
If this guy would have gone out and taken a picture of someones truck himself and used it on these sales, there would be nothing you could do about it. The truck is out in public and is available for public view on public roads...
However, he is using a picture taken by someone else without copyright permission or authorization. The picture belongs to someone else... And this does cover internet material as described in this section by the copyright office:
Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150, 000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.
1995 Trooper LS auto 3.2 DOHC /w SOHC intake
1989 Trooper 2.6 auto
1989 I-Mark RS DOHC 1.6
1991 Stylus XS DOHC 1.8