Copyrighted Images. Sent to court for it?

[RepresentingCaution]

Read the terms of use of the AI generator.

Yes, do that.

 

[Tsuru]

Not same thing but there was very very VERY bad case of a artist abusing copying images for his job
but it is long ago and quite specific
caused a big controversy for the IP he drew for, because he was the artist for LNs

No game No life, the artist of the LNs
Yep

Not sure if still on sankakucomplex website the post that retell the story, but basically, at a time where anime was still not mainstream like now, NGNL covers of LNs are very high quality.
But ! A fan fell by by coincidence (or searched?) on some images of low popularity with similar postures as the girls on the covers. So after check from a program, it was clearly identified that the artist "traced" this images to draw the covers. This controversy was big for them.
It is probably 1 of the 3 factors that made NGNL not have a 2nd season.
1) This controversy, as controversies at that time were important
2) Season 1 ending had a original part where Sora-Shiro ask a game to god, now it fck anyone that could pick from there
3) Because NGNL anime was simply to boost sales of LNs and animes themselves were not main revenues like movies/marchandises

 

[lambenttyto]

Oh and by the way, don't believe in BS buying copyrights from middlemen, those fuckers are cheats.

There's no need to ever buy copyrights. As the creator of something, you automatically have ownership over copyright.

 

[OokamiOkuri]

Does anyone know if a case where a writer was sent to court because of using a copyright images?

I know a case where a writer was sent to the Philippines.

 

[Representing_Tromba]

There's no need to ever buy copyrights. As the creator of something, you automatically have ownership over copyright.

That may be true for in various cases but it isn't true for all things. Plus, the $5-$10 copyright that you can easily purchase legally through a government office is more of a form of insurance in case someone tries to use it for personal gain without your authorization.

 

[BenJepheneT]

it's like a cop writing a ticket for jaywalking. unless you hit the turbo-autismo jackpot, most normal people would just let it slide. the point where you should start worrying is when you start making a considerable reputation/bank with your creation, but by then, you should've commissioned an actual cover from an artist.

 

[Ai-chan]

Does anyone know if a case where a writer was sent to court because of using a copyright images? Because I like using them but when a watpadd author said I could go to court I became scared.

A case where a writer was sent to court for using copyrighted images without permission? Yes, there are many.

However, here is what you SHOULD know:
1) You will not go straight to court, the owner's lawyer will first send you a Cease & Desist.
2) After a C&D is sent and you ignored it, a Letter of Intent would be sent, specifying that they wish to take you to court.
3) In many cases, a C&D and Letter of Intent is one and the same, so read the letter they sent properly.
4) Refusing to abide by the demands specified in the C&D and/or Letter of Intent now opens you to a lawsuit.
5) Once it goes to court, you're doomed. Your chance of winning a copyright infringement lawsuit for anything other than fair use is 0%, unless you're in China and the owner is in USA.
6) A lawsuit requires demand for damages. If your infringement of the copyrighted images does not in anyway harm the owner's productivity or commercial viability, the owner doesn't really have a case. Sure, they can still send you a C&D and Letter of Intent, but unless they can specify the damages you've caused them, it won't go far.
7) Eventhough you don't make money from it, the owner can still sue you for damages. The owner can specify any quantitative damage and if reasonable will end up with you going to court.

So just imagine, just because you want to save like $100, you end up having to pay $10,000. Because you see, you will lose. And there is nothing you can do to change that. So when they send a C&D, just give up and obey.

 

[MajorKerina]

A lot of the legal stuff related to AI is up in the air right now but I know several of them wave any particular copyright they hold and the producer of the work is the absolute owner. So far as legal images, I’d really rather not mess around with that because I like to own and potentially sell my work someday. If you’re using copyrighted images as sort of the face and representation of the work I mean so long as you’re not doing it for profit unless someone actively complains it’s not a big deal. But if you’re trying to sell that work then it becomes a big issue.

 

[TheTrinary]

US LAW:

United States intellectual property law requires that you "Defend" your IP to keep it active. The consequence of that is that you have major corporations that will sue tiny businesses or individuals sometimes just to meet that quota.

So is it possible? Absolutely. Will it happen? Probably not. It's like playing the lottery where you might lose because they have a quote to fill.

From a purely practical perspective, they probably aren't going to sue a niche online persona because they don't have your name and address and can't sue you. The goal of these lawsuits is to be cheap, so the prospect of looping in the web site and demanding information that they may or may not have is highly unnatractive.

Summary: If you aren't costing them money, you're probably fine. Just don't over do it and don't do it if your real name and location is readily available.

SOURCE: Played Phoenix Wright once.

A case where a writer was sent to court for using copyrighted images without permission? Yes, there are many.

However, here is what you SHOULD know:
1) You will not go straight to court, the owner's lawyer will first send you a Cease & Desist.
2) After a C&D is sent and you ignored it, a Letter of Intent would be sent, specifying that they wish to take you to court.
3) In many cases, a C&D and Letter of Intent is one and the same, so read the letter they sent properly.
4) Refusing to abide by the demands specified in the C&D and/or Letter of Intent now opens you to a lawsuit.
5) Once it goes to court, you're doomed. Your chance of winning a copyright infringement lawsuit for anything other than fair use is 0%, unless you're in China and the owner is in USA.
6) A lawsuit requires demand for damages. If your infringement of the copyrighted images does not in anyway harm the owner's productivity or commercial viability, the owner doesn't really have a case. Sure, they can still send you a C&D and Letter of Intent, but unless they can specify the damages you've caused them, it won't go far.
7) Eventhough you don't make money from it, the owner can still sue you for damages. The owner can specify any quantitative damage and if reasonable will end up with you going to court.

So just imagine, just because you want to save like $100, you end up having to pay $10,000. Because you see, you will lose. And there is nothing you can do to change that. So when they send a C&D, just give up and obey.

A cease and desist is likely; however, there is no legal requirement for anyone to send one. It is not a legal document and is no different from me calilng you up and asking you to please stop. I've filed a thousand law suits in my life and I've sent a single cease and desist, but only because the client really wanted me to.

SOURCE: I played Phoenix Wright 2 once.

Also nothing I'm saying here should constitute legal advice. This is merely a factual appraisal of the general law of the United States. IP law is a federal issue and the specifics may vary based on the district in which you reside. Consult an attorney in your district for consultation on your specific legal issues. I am not your attorney dillweeds.