I was recently reading an online ‘conversation’ in someone’s blog comments. The conversation started when a webcomic artist said he was going to change the size of his comics in the archives to be smaller, to save on bandwidth. There was a somewhat negative reaction, and then one commenter declared he’d saved a copy of all the ‘episodes’ of the comic already, so it didn’t bother him. The webcomic author became VERY upset, and said that this was a violation of his copyright. The conversation went on a bit, and while I understand and respect the comic author’s perspective, is it really illegal to rightclick and save-as an image distributed on the net?
To clarify the situation a little, the webcomic in question is a free online comic with no printed publication, but it does have ads on the pages which help defray some of the cost. If I saved a comic onto my computer, and didn’t distribute, is it still illegal? What about non-comic images? For example, images that are pictures of paintings or other artistic works that aren’t public domain.
The work belongs and is copyrighted by the creator. He/she need not register a work before publication. However, there are steps a creator/author/artist should /(must?) do before any publication to assist in copyright protrection. At the end of the day, if he/she must pursue a copyright violation the works needs to be registered with the Copyright Office.
This wouldn’t happen to be the Sexy Losers webcomic would it? I understand where he’s coming from but in reality it’s nearly an impossible thing to enforce. I believe he does have some legal documents to back up his claims about copyright violation. And when you draw something from scratch or create any sort of art, you don’t need to copyright that art. By default it’s YOURS. The only part that might be a problem is proving it. Which is why many artists will mail the original piece back to themselve in a sealed envelope and leave it as thus if they need to prove ownership later one.
Yes, I haven’t saved any comics of his and I wouldn’t to respect his personal feelings on the issue, but I was wondering about the view from some actual lawyers on the status of it.
I’m not asking for how to protect copyright, since it’s not an issue for me. I’m just asking if it’s honestly illegal to save images. That’s the first I’d heard that saving images to your computer for personal viewing later would be illegal.
This is a poor way to prove the date of creation for anything that you consider copyrighted. I can send an empty manilla envelope to myself with only the metal tabs holding the flap closed, then keep it and its postmark to use at any date or with any document in the future, simply by putting it inside and sealing the glue on the flap. There is no way to tell when it was sealed.
Instead of passing along an urban legend, perhaps visiting the US Copyright Office is in order. Is there any reference to cite that the sealed envelope method has been tested in court?
Under the DMCA, the copying of a DVD for any reason and by any method is illegal. Section 1201 of the DMCA effectively removes “fair use” from consideration.
I just read through the text of Sec. 1201 of the Digital Millennium Copyright Act, and it deals with subverting copyright encryption methods. Where does Sec. 1201 discuss DVDs, or effectively remove fair use?
The short answer is “no”, otherwise your browser cache would be nothing more than a vehicle for copyright violation. The long answer is “it depends on the original distribution means of the images, as well as what your intent is and how you use and dispose of said images after you have downloaded them.”
In other words, is it illegal to download the images, which were freely displayed on a website, and which were loaded into your browser, and which would likely be in your browser cache anyways, or in your “offline web pages” folders, if your settings were set right? The answer is most likely “no”.
Now…were you to take these images and start hosting them on your own site, or burning them to a CD and selling or distributing them, it would be “likely” to “yes”.
As to the original question - so far as I know, no, it is not at all illegal to save images to your computer.
No violation of copyright has occured unless the person who has downloaded the images distributes or publishes them any way, or else claims to have ownership of the material.
Frankly, anyone putting material on the internet and then complaining when it is saved is utterly naive. No one should ever put copyrighted material online without firstly ensuring they have a record of ownership, and secondly, with full expectation that such material will be misused (ie, downloaded and re-distributed).
The envelope issue - you send a CD copy of your work by recorded delivery in a proper padded envelope. This may establish the date of ownership where copyright is disputed, but is not foolproof.
Also note that copyright procedures are different in different countries. For example, in the USA published works must be registered with the Library of Congress.
As to the original question - so far as I know, no, it is not at all illegal to save images to your computer.
No violation of copyright has occured unless the person who has downloaded the images distributes or publishes them any way, or else claims to have ownership of the material.
That’s assuming that there has been no violation of any agreed “terms of use”, which must be explicitely entered into by the viewer of said images.
Frankly, anyone putting material on the internet and then complaining when it is saved is utterly naive. No one should ever put copyrighted material online without firstly ensuring they have a record of ownership, and secondly, with full expectation that such material will be misused (ie, downloaded and re-distributed).
The envelope issue - you send a CD copy of your work by recorded delivery in a proper padded envelope. This may establish the date of ownership where copyright is disputed, but is not foolproof.
Also note that copyright procedures are different in different countries. For example, in the USA published works must be registered with the Library of Congress.
Not true. A copyright exists from the moment of creation. Registration of the copyright with the U.S. Copyright Office (not the Library of Congress) is not mandatory.
Chapter 4 of the U.S. Copyright Act (U.S. Code Title 17) appears to say that registration is required, but note that it has been extensively amended with the Berne Convention Implementation Act of 1988. The Berne Convention, in effect, forbids formalities like registration for obtaining copyright.
BTW, saving images would be considered illegal in Europe, except if permission has been obtained or such permission can be construed (see the EU Copyright directive). A specific exception exists for cache copies, so those are in the clear.
The European exception is interesting. The person in question is currently a resident (and I think a citizen) of Japan. I had thought that the Byrne convention sort of ensured that most copyright issues were similar in all the nations which had signed it (including the US, much of Europe, and Japan too.) So, if I saved an image from a page originating in Europe, I’m breaking the law, but if the page is from the US I’m not? Or is it if I’m in Europe I’m breaking the law?
Why is it that whenever I try to learn more about copyright law, I just become more confused than when I started?
Actually, since I’m pretty sure you are talking about the Sexy Losers artist, he isn’t a resident. And also, from what I’ve heard, you can never become a full blown citizen of Japan if you weren’t actually BORN there. I think they have some pretty strict citizenship laws that border on ridiculous.
Well, that’s fair enough, but I’m only interested in his case as an example. Suppose he were another guy who IS a citizen of Japan, then. Or of one of the European countries previously mentioned.