Re: check image watermark to stay legal?

by Jeff Kane <jeffkane(at)pobox.com>

 Date:  Sat, 23 Oct 1999 17:05:37 -0400
 To:  rserrao(at)ucdavis.edu
 Cc:  hwg-graphics(at)mail.hwg.org
 References:  ucdavis
  todo: View Thread, Original
Rosanne--

I have no special expertise in this area. It seems to me that the 
lack of a digimark watermark does not in itself indicate that the 
images are not copyright protected.

First, and incidentally, I think that there is at least one other 
company providing electronic watermarks. I don't know whether their 
marks show up when you access (or attempt to access) the digimark 
info. Someone else reading this thread probably can respond to this 
point.

More important, anyone can copyright an image without using 
electronic watermarks. For example, I can (and do) post images on my 
Web site with a notice that they are copyrighted, even though I 
haven't used digimark. If someone downloads those images and uses 
them without my consent, that person is violating my copyright.

The digimark is not the legal requirement for copyright. Rather, it's 
a way of finding images in use that may be in violation of copyright; 
and by extension, a deterrence to such use.

BTW, it seems to me that in the situation you describe, the 
restaurant has the responsibility of assuring you that the images are 
in the public domain. You are not the one supplying the images.

--Jeff







>morning -
>
>I need to redesign a site for a restaurant.  Some of the graphics I am
>not sure if we can use.  I checked the image under photoshop 5.0
>"digimark" and it doesn't read a watermark on the image.  Does that mean
>I am safe to use it.
>
>Should I check this by other means?  Don't want to be wrong about this
>one.
>Thank you!
>Rosanne

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