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Internet Copyright Myth 2
"I got the photo off the Usenet (newsgroups) so it is in the 'Public Domain'."

The above shows a misunderstanding of the term "Public Domain." The term has the specific legal meaning that no one controls the photo; anyone can use it as he wishes. There are two ways for a photo to fall into in the public domain.

* the owner clearly gives up his rights, such as by signing a document saying, "I now give up my copyright and irrevocably place this work in the public domain." OR

* 75 Years have passed since the owner died.

When an owner posts a photo to Usenet, he does not lose his rights, any more than publishing the photo in a magazine or on his own website would. When an owner posts to Usenet, the only license he gives is for replication and transmission within the Usenet system. There have been many copyright cases involving websites which got their content from the Usenet-and courts have awarded fines in the millions of dollars against the pirates.

In addition, photos are often posted to Usenet against the owner's wishes. Eg., the many infringing copies of work owned by Playboy, Penthouse, and top photographers. Such posts are themselves violations of copyright. Obviously if the original post to Usenet was illegal-as many are-subsequent copying and misuse is equally illegal.

In short, taking photos from Usenet and using them elsewhere such as on a website is copyright infringement, and you risk the severe penalties of piracy.




 

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