Daylight Robbery! The Legal and Illegal Use of Web Graphics

Technicalities and Miscellany

...definitions and explanations

Altering Graphics

Brushes are .ABR, .PCX, .TEX, and other files that act as filters or plug-ins within graphics creation software. Brushes usually generate textures, colors, opacities, and other such effects. It is still a violation of copyright law to alter a copyrighted graphic with a brush and call it an original work. For example, I couldn’t use a brush to add a Hitler mustache to a copyrighted photo of George W. Bush, or devil horns to a photo of Bill Clinton, and pass it off as my own. Nor could I alter a background graphic to give it a different texture and color and then claim it as my own. Note that, naturally, the laws that cover free speech apply to some circumstances, such as the photo alterations mentioned above. If I posted such altered photos on my site as part of a satirical work or political commentary, I would be safely within the parameters of the law, though arguably not within the boundaries of good taste. Violations of taste are not against the law.

Nozzles or tubes are graphics program plug-ins that add predesigned (.RIF or .TUB) images to a pre-existing graphic. These images fall under the same guidelines as any other images. If you buy a nozzle from Adobe for use in their Photoshop program, it’s relatively safe to assume that you’ve bought the rights to use the images in your own graphics. If you download a free nozzle from Fastbuck Freddie’s Free Nozzle Site, you may be in violation if you use the images in your own graphics.

Scanned images are usually photographs or text blocks scanned into Web graphic form by use of a scanner. It’s okay to scan the pictures you took of Niagara Falls for use on your home page. It’s not okay to scan a postcard photo and use it. Neither can you use a "still" from a TV or movie as an illustration on your Web site without permission from the studio or creator. I know, tell that to all the aforementioned Star Trek fan sites out there. Most of them are using something that belongs to Paramount without permission – the fact that Paramount may ignore the material on these sites doesn’t change the fact that the material is used illegally.

Bandwidth Piracy

Bandwidth piracy is an even more egregious type of theft. Bandwidth thieves not only post illicit graphics on their Websites, they don’t even bother to download the graphics and store them on their own sites. Instead, they simply write a link that loads the graphic onto their site directly from the owner’s server, thus purloining the graphic for their own use but making the owner bear the cost of storing it. Sort of like if I taped into your television cable supply and watched TV at your expense. Slimy. Purists will notice two examples of this on my own site, Troubleshooting and Resource Guide to Windows 9x. In both cases, the author has specified that he prefers users like myself to link directly to their sites, as they expect to change the graphics in the near future.

Watermarks

Many graphics artists use watermark technology to mark their creations as their own. This doesn’t stop them from being stolen, but it makes it easier to sic the lawyers onto the banditos when, or rather, if, the artist comes across an instance of his work being used without permission. Another technique for baffling the banditos is to use a JavaScript protocol to disable the right mouse button, thereby denying access to the "Save Image As" menu item. This keeps the amateurs from scamming images, but not anyone with any real technical know-how. Often copyrighted graphics are not marked as such, but are posted with some sort of README file. Usually the terms and conditions of use are delineated there. But even if you do find tantalizing Web graphics unaccompanied by any copyright information whatsoever, you don’t have automatic license to download! In this case, you should contact the Webmaster, usually through email, to inquire about graphics availability and terms of use. Remember, even if you crib a graphic from a site and give credit to the owner, that isn’t enough to put you in the clear. Unless you have permission from the owner, even a simple acknowledgement on your site that "Michael Tuck made this graphic; it isn’t mine" isn’t enough.

Legal Recourses

...what happens when someone violates your copyright (or vice versa)?

If your site uses Web graphics or other materials illegally, the first thing you’re likely to receive is a "cease and desist" letter. Copies will probably be sent to your ISP and/or Website host. Commercial designers, it shouldn’t be hard for you to imagine your firm’s reaction to such a letter. If the letter is done properly, it will include specific details about:

• where the copyrighted work is located online,
• the date it was created and/or first published, and
• if registered, its copyright registration number.

Web designers and those who are interested in the issue of fair recompense for copyrighted works have formed numerous organizations and Websites. Many of them are linked in this article’s bibliography. One organization of note is Grey Day, which sponsors an annual "Grey Day" for the Web every October 1st. According to the organization’s site description, participating Websites replace their home pages with specially designed ‘grey’ pages "as a statement of global support and fellowship with the artists, writers, musicians and programmers of the World Wide Web." The idea is to protest against copyright infringements, online plagarism, and bandwidth piracy, and to show how dull and grey the Web would be without graphics.

Next week, in the second part of this article, we’ll take a quick look at the legal haranguing that began over the humble .GIF format. It started in 1987 and isn’t resolved yet. Meanwhile, every Web designer who uses GIFs in their work may be affected. Stay tuned!