Hi Steve, Thank you very much for the extensive reply. I also found an article that is pretty much in line with what you have stated, at www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images. Being from Canada, as you are, do you know if our laws are similar to those in the USA, and do you know what rules apply to images being used outside of North America?
I don't have a problem with the newspaper using the image, it's just that I have now on several occasions seen the logo used without any acknowledgement as to it's source, and was wondering how I could handle it if I ever do in the future take issue with how it's used. I'm not the actual owner or creator of the image, but I have been specifically authorized to use it as my business's logo and therefore have a direct interest in how it's used. Thank you, Paul Ratto SunClocks North America 438-792-4823 www.sunclocks.net On May 9, 2014, at 18:15, Steve Lelievre <steve.lelievre.can...@gmail.com> wrote: > On 09/05/2014 5:08 PM, Sunclocks North America wrote: >> Also, I was wondering if anybody could tell me what are the typical >> requirements for people to be allowed to use random copyrighted images from >> the internet, and what my rights and possible recourses are in such cases of >> the unauthorized use of my logo. >> > > Hi Paul, > > My experience is in the context of academic use of materials under Canadian > law, so what follows is not offered in an expert or professional capacity and > is not qualified legal opinion. > > Copyright law is complex and full fo special cases. Although there are > treaties that establish a general framework, the details vary from country to > country. Generally, the owner of the copyright is entitled to set terms of > use including fees before a copy can be made. However, in some circumstances > the principle of Fair Dealing, called Fair Use in the USA, allows copying > without permission of, or compensation for, the copyright owner. Whether Fair > Dealing applies is influenced by various criteria: the consequences (has the > owner lost income or reputation), the extent of the copying, the use made of > the copy or copies, the benefit gained by the person doing the copying, and > other factors, as well as precedent and case law. In the event of a claim > going to court, damages are assessed depending on how unfair the copying was. > > > Although people sometimes assume otherwise, the mere posting of an image on > the Internet by the copyright owner does not transfer the imagine into the > public domain. Any subsequent copying must either be with consent or be > allowed under Fair Dealing. As well, there is no requirement for the > copyright owner to include a copyright caption or watermark with the image > (but doing so certainly helps demonstrate that you do want to protect your > rights). > > In the present instance, the copying was done by a newspaper. In most > countries News Reporting is accepted as a situation where Fair Dealing > generally applies, subject to there being no gross abuse of other criteria. > The newpaper in question is probably so used to this arrangement that they > don't even think about it case by case. However, even if this was Fair > Dealing, they're in the wrong in at least one way: the person or organization > making the copy should still acknowledge the source used. > > In practice, your options are very limited - any damages have to be weighed > against lawyer fees and the chances of the defense of Fair Dealing being > accepted by a court. Personally, if it were me, I'd write to protest their > use of the image without any apparent attempt to seek permission and their > subsequent failure to identify the source of the image used. It's not > unreasonable to hope for them to add a caption to the image on their website, > thus properly citing and acknowledging the source. Cynic that I am, I doubt > they would agree to a correction notice in the print edition. > > Steve >
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