If An Online Photo Does Not Have a © or a Watermark, Can I Use It?

CMRS Law Common Questions, Copyright

Probably not.  There is a common misconception that if a photograph does not have the little ©, or some sort of watermark designating the picture as belonging to someone else, it is not protected by copyright law and is free for the taking.  That is simply not true.  Copyright protection attaches the moment an author fixes a form of creative expression …

What Exactly is Copyright Infringement?

CMRS Law Copyright

Many people throw around the term “copyright infringement” without fully understanding the legal elements of a copyright infringement claim.  Given the ease at which modern day media can be copied, especially over the internet, every person and business should have a clear understanding of copyright infringement so that they can protect themselves and their intellectual property. When Infringement Occurs When …

Who is Liable for Infringing Media on My Website: Me or My Web Designer?

CMRS Law Copyright, Internet Law

Both of you can be held liable.  As the end user that financially benefits from your website and because you have the ability to direct and supervise your web designer, you are liable for any copyright infringement committed by your web designer.  This is true whether or not you or your web designer actually knew that he or she infringed …