Legal Question in Intellectual Property in California

Is A Webcam Feed Copyrighted ?

If a person is in a chatroom with 200 other persons and is on cam. There are no policies regarding capturing their images. This person is merely sending his or her images to anyone that would like to see them. This person is not recording the images that are being broadcasted. Are these images protected under the copyright laws? Can I capture these images without being in violation of the copyright statues? Now, would I be able to claim copyright protections for the images I've personally captured? Any help will be deeply appreciated.

Thanks,

Don


Asked on 2/05/02, 5:23 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Is A Webcam Feed Copyrighted ?

It is better to take "release" from everyone whose picture was taken. I don't see why a webcam feed can't be copyrighted. You can call me for further consultation at 818-481-9284

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Answered on 2/05/02, 8:08 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Is A Webcam Feed Copyrighted ?

Copyright protects an expression of an idea or image. In the case of photographs, what is being copyrighted is not the subject, but the way the photographer chooses to capture that subject.

From existing case law in copyright, it would seem that if you ORIGINATE a webcast, and determine where the camera is placed, how the subject is lit, posed, etc., you would be able to copyright. If you are simply downloading images someone else has sent over the web, however, you have no claim to copyright.

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Answered on 2/12/02, 12:11 am


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