RE: FN-FORUM: photos - used without permission
date posted 25th January 2006 20:54
> Why would anyone assume that it was in the public domain?
Now I don't for a minute believe they did, but they could use this as a
defence. =20
Say you set up a site, and forget to include copyright notices, and =
don't
include any contact information, yada yada. Anyone who then used =
content on
your site could claim in their defence that you didn't take reasonable =
steps
to protect your intellectual property, and they'd assumed that the =
content
was in the public domain. That's why everything in this world has a (C)
notice on it.
No-one knows for sure how a judge would rule, but if the perpetrators =
can
show they have taken swift action to rectify the situation once their
"mistake" was realised, and you can't disprove their claim, I'm guessing =
you
won't win substantial damages.