Many copyrighted designs are now being "redrawn" or "tubed" as graphic images without permission. Recreation or distribution of a design that is not your original artwork is against the law. Recreating a design in PSP or other graphic software does not mean it is your original design. Unless permission is granted by the individual artist, no one is allowed to recreate 'digital tole painted' graphics or mouse-drawn graphics. This is not considered painting, it is considered graphic design. It is illegal to download, upload, redraw or scan designs to your computer without permission from the original artist or copyright owner. No disrespect is meant or implied for legitimate graphic artists who create and distribute their own designs.
U.S. COPYRIGHT LAW
What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
How much do I have to change in order to claim copyright in someone else's work?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
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.
What is *peer-to-peer (P2P) networking?
A type of network where computers communicate directly with each other, rather than through a central server. Often referred to simply as peer-to-peer, or abbreviated P2P, a type of network in which each workstation has equivalent capabilities and responsibilities in contrast to client/server architectures, in which some computers are dedicated to serving the other computers. A "network" is a group of two or more computer systems linked together by various methods.
In recent usage, peer-to-peer has come to describe applications in which users can use the Internet to exchange files with each other directly or through a mediating server.
Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.
I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
DIRECTLY FROM THE LIBRARY OF CONGRESS
United States Copyright Office
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have permission to copy this original image, created by Susan Kelley,
to put on your website or anywhere you have original artwork as long as
it is YOUR original artwork. You may not use this graphic to sell
or give away in any part of a webset other than for your personal
use. The intent of this design is for artists to band together to
protect our rights of designs to be used for their intended
purposes. Right click to save this image to your website.
DO NOT link to this 'bunny' image directly. However, you may put
this bunny on your website and then link it to this page.
Email Susan Kelley if you need a resized image or one created for a different background.