Use of Stock Digital Images Obtained from a Commercial Website - Research Paper Example

 Use of Stock Digital Images Obtained from a Commercial Website Introduction Stock digital images that are protected under copyright are considered the intellectual property of the creator that holds the copyright. What does this mean? According to the letter of the law, the copyright gives the owner of protected work exclusive rights to export the property, to publicly display the work, to sell or otherwise assign these rights to another party, or to reproduce the copyrighted work for commercial purposes (Yu, 2007). The copyright places restrictions on the unauthorized utilization of protected intellectual property to ensure that only the copyright holder is able to profit from exploitation of the work. When using stock digital images from a commercial website, the individual using the images must ensure that the work is not protected under copyright law or face considerable penalties if exploitation of the intellectual property is challenged in a court of law. The Letter of the Law If an individual reproduces digital imagery and attempts to utilize this property for commercial exploitation, the copyright holder maintains many legal protections and remedies. Consider a scenario in which a piece of protected work is transferred from a commercial website and then further incorporated into another piece of unique, creative work by a second party. If the image is protected under copyright law, the copyright holder is able to recover the full extent of the damages that occurred as a product of the infringement (copyright.gov, n.d.). If the individual that violated the copyright protections was able to procure profits as a result of reproducing and/or distributing the image, copyright law allows the holder to seek repayment of all profits incurred in the attempt to commercialize the protected property. In the event of a copyright infringement, the copyright owner must provide the courts with proof of the gross revenues of the infringing party in order to seek damages (copyright.gov, n.d.). The burden then falls on the infringer who must provide the necessary evidence that allows the infringer to segregate profitability earned through non-violating business activities compared to revenues earned through the copyright infringement. Again, this provides ample protection for the intellectual property owner, acting as a powerful deterrent for those who would utilize another’s creative work in order to gain commercial profit. New technologies available now allow a copyright holder to identify protected imagery, with this technology being able to fingerprint the imagery so that it can be successfully tracked (stockphotorights.com, n.d.). This technology is so sophisticated that it can even fingerprint images that have been modified or if only a portion of the protected work has been utilized in another creative project online (stockphotorights.com, n.d.). This technology and tracking ability provides further protection to the copyright owner, allowing them time to check on whether or not appropriate licenses are held for the reproduced image. Many individuals that attempt to utilize imagery with copyright protections in the pursuit of commercial gains believe that the magnitude of images available in the virtual environment makes it nearly impossible to ensure that the copyright is being respected. This flagging technology provides a broader sense of security to the intellectual property owner, giving them the appropriate tools to ensure that violations do not jeopardize the potential commercial opportunities for the copyright holder. To the benefit of certain individuals in society, the legal system does allow for certain exceptions to copyright protections depending on the nature by which a digital image is utilized. Known as the Fair Use doctrine, this legality allows for limited usage of copyrighted images without having to obtain permission or licensing from the copyright holder. A legality from 1961 known as the Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law offers specific examples of when the Fair Use doctrine can be applicable. When being utilized for non-profit purposes, such as in the event of a parody, the copyright law does not apply (copyright.gov, n.d.). Further, when utilized by a teacher or student as an opportunity to explore a learning lesson in the academic environment, the Fair Use exception is usually allowable. Also, when utilized in news broadcasts, generally a digital image will not fall under stringent copyright protections. The Fair Use doctrine maintains the ability to avoid some of the ethical issues associated with utilizing stock digital images for purposes other than commercialization. In the academic environment, digital imagery maintains a richness for visual presentation to enhance the learning experience. It is not always feasible in this scenario for an educator or student to seek the appropriate allowances by the copyright holder. Many educational facilities continue to express the ethical and moral dilemmas associated with using copyrighted works as part of their ethical policies, often threatening severe penalties for using protected works for an academic project. However, the Fair Use doctrine seems to maintain prudence over the ethical debate when considering use for academics, since the law maintains many precedents where digital imagery used for non-profit purposes did not allow the copyright holder to seek damages for alleged infringement of their protected rights over the digital work. The Ethical Debate Clearly, if the copyright infringer attempts to capitalize on another’s creative, digital work without receiving express permission or licensing from the copyright holder, an ethical code of conduct has been violated. The depth and breadth of the ethical violation, however, is relative depending on the level of personal respect that the infringer maintains for the letter of the law. Blackford (2010) describes the theory of moral relativism, which essentially states that there is no singular, homogenous method by which to measure right or wrong in society. Therefore, members of society should simply tolerate the behaviors of others even when there is strong disagreement about the perceived morality of the act. Now, it has been established that copyright law provides the ample protections needed to intellectual property owners. However, there should be considerations by those who feel their rights have been violated as to the nature of the reproduction or exploitation of a protected image. For instance, if the digital image was utilized for non-profit purposes only to provide a learning lesson or to enhance a virtual project without considerations for financial remuneration, the copyright holder would be hard-pressed to suggest there was an ethical violation occurring. If no legitimate damage to the integrity of the commercial prospects for the copyright holder occurred during an alleged infringement, then seeking damages using the law as a foundation for the condemnation of the second party could, in itself, be considered an ethical violation. Conclusion There are clearly many different protections for the copyright holder of protected, unique digital works. Being able to seize profitability obtained from the infringer for reproducing or otherwise exploiting a protected work should act as a disincentive for using these images. At the same time, the letter of the law provides adequate protections for those in unique circumstances that rely on use of digital images for non-commercial or educational purposes. The debate as to whether violating copyright protections maintains ethical characteristics is relative, however the copyright holder should be indebted to the richness of the legal system to ensure that legitimate violations of their rights are protected. An individual that attempts to use protected digital works in an effort to gain profitability should consider that there are strict penalties for non-compliance to copyright laws. Whether the infringing individual considers these acts to be unethical or appropriate is, as defined in this project, highly relative. However, to ensure protections to an individual that wishes to utilize creative works for non-commercial purposes, it would be best in most scenarios to seek out licensing or approvals from the copyright holder. References Blackford, Russell. (2010). Sam Harris’ The Moral Landscape, Journal of Evolution and Technology, 21(2), pp.53-62. Copyright.gov. (n.d.). Copyright Laws of the United States of America and Related Laws Contained in Title 17 of the United States Code. Retrieved January 26, 2013 from http://www.copyright.gov/title17/92chap5.html copyright.gov. (n.d.). Copyright Infringement and Remedies. Retrieved January 26, 2013 from http://www.copyright.gov/title17/92chap5.html stockphotorights.com. (n.d.). What You need to Know. Retrieved January 26, 2013 from http://www.stockphotorights.com/faq/#dtoi Yu, Peter. (2007). Intellectual Property and Information Wealth: Copyright and Related Rights. Greenwood Publishing. Read More