- you create a kick-butt photo and place it on your website. On that photo you clearly have a copyright notice line across the bottom and a honking watermark in the middle.
- somebody grabs the photo. They crop the copyright line and because they are talented with the clone stamp tool, successfully remove the watermark.
- they post the picture somewhere.
- a third party comes along, sees the photo, thinks it's fantastic, and wants to publish it. Unfortunately, no ownership info is clearly defined.
- pursuant to the orphan legislation, (and using the exact language in the bill), they:
quote: "...performed and documented a reasonably diligent search in good faith to locate the owner of the infringed copyright; but (ii) was unable to locate the owner..."
- being unable to locate the owner, they publish the image.
Yes or no - in this scenario your picture could potentially meet the criteria of an "orphaned" photo?
Question
- you create a kick-butt photo and place it on your website. On that photo you clearly have a copyright notice line across the bottom and a honking watermark in the middle.
- somebody grabs the photo. They crop the copyright line and because they are talented with the clone stamp tool, successfully remove the watermark.
- they post the picture somewhere.
- a third party comes along, sees the photo, thinks it's fantastic, and wants to publish it. Unfortunately, no ownership info is clearly defined.
- pursuant to the orphan legislation, (and using the exact language in the bill), they:
quote: "...performed and documented a reasonably diligent search in good faith to locate the owner of the infringed copyright; but (ii) was unable to locate the owner..."
- being unable to locate the owner, they publish the image.
Yes or no - in this scenario your picture could potentially meet the criteria of an "orphaned" photo?