Legal Question in Intellectual Property in Texas

are images on websites and are received images now public property?

If one makes a website with text, images, and videos for anyone to view, are those images and videos public property? Are anyone else free to take it and post it on their own sites, forums, or emails?

Also, if one sends an email with attached videos or pictures. Can the receivee now be free to send those pictures and videos to anyone else, and post it anywhere they feel like it?

These are not pictures/videos that are well known or ''public,'' of what I believe, they are pictures/videos of the person making the site and their friends and other people associated with them. They are pictures the person who created the site actually took.


Asked on 11/21/04, 11:11 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: are images on websites and are received images now public property?

No. The copyright belongs to the author, and copying without license is a violation of the copyright act. How much trouble copying may cause depends upon whether the material has been registered with the Copyright Office of the Library of Congress.

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Answered on 11/22/04, 9:56 am
Bruce Burdick Burdick Law Firm

Re: are images on websites and are received images now public property?

NO. They are copyrighted and use of them is probably copyright infringement. If the copyrights of the author are registered (with Copyright Office) statutory damages may apply to your use, and those damages could be huge. Having said that, most authors only go after substantial infringers and not individuals. The exception is the RIAA and MPAA, who are aggressively going after individuals who generate pirate copies of songs and movies via "file sharing" networks, having filed nearly 7000 suits against individual infringers.

So, even though it is illegal, individual copying of pictures on the Internet seldom is punished in any way because the cost of the suit would usually be more than the damages that could be obtained. Unless the author is wanting to make an example of you or unless you are doing massive quantity copying you are not likely to be sued. But you must recognize you are breaking the law if you do it and could be surprised with a lawsuit with huge damages at any time.

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Answered on 11/22/04, 10:39 am


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