What is copyright
How can i use copyright images
Copyright of Images on the Internet: How to avoid lawsuits and protect yourself.
It is increasingly common to use images found on the internet in blog posts, websites, stores, shops and restaurants, but not everyone knows that it is a problem to use these images without the author's permission.
In this text we will talk about copyright and images on the internet, bringing relevant points on the subject and most importantly, we will teach you how to protect yourself.
Briefly :
The Federal Constitution in its article 5, XXVII, and the Copyright Law, guarantee the author's right to be the only one who can use, produce and publish his work, encompassing this rule, including images published on the internet.
Using an image without permission can generate big problems, not only the need to pay moral damages to the author of the work, but also answer for some crime related to the exploitation of creation.
Giving credit to the author of the image when using it, does not exempt those who used it without the author's permission from answering for the crime of copyright infringement.
Read on for more information, and what to do to protect yourself from having to pay expensive damages!
Tip: You can also read our article on what to do when they copy your site!
What is copyright ?
Copyright , also called copyright, is the set of rights that protect the individual or legal entity, who has any artistic, intellectual or scientific creation, so that only he can enjoy the patrimonial and moral rights that fall on the work, including the possibility of choosing to assign the work for publication, reproduction or not.
The Federal Constitution, in its article 5, provides for the main rights related to the citizen and, among them, we can find the right to authorship of the works of individuals, in its article XXVII, which makes it clear that the author is the only one with the right to publish , reproduce and use their works.
the author is the only one with the right to publish, reproduce and use his works.
This right is also provided for in the Copyright Law, which protects all creations, whether intellectual, artistic or scientific, encompassing images, even those that are linked on the internet.
It is common for the vast majority of people, especially bloggers, to use images they find on the internet to compose their posts.
What they don't know is that the use of an image without permission can generate serious problems, including the need to indemnify the author of the image, in addition to the possibility of being responsible for some crime, even if the person who used the image has given the credits to the author.
IMPORTANT :
Importance of copyright
Copyright is the means by which the author manages to protect his rights regarding the exploitation, publication of his work, and this set of rights is a way for the State to reciprocate the author's work because he is enriching the cultural base of his country.
Copyright is important, because through it the author is not only able to protect his work, but is a way of guaranteeing respect for the work performed by him and recognition for his authorship.
The law has currently given great attention to this set of rights, because with the advancement of technologies, appropriating someone else's creation has become easy and fast.
With a few clicks, anyone can, criminally, use the image they want and the way they want, even if this is illegal and violates the legislation in force in Brazil, which is not so well known to everyone.
Copyright is a way for the author not only to protect his work, but also, if necessary, it is a guarantee to the owners of these works that they will be able to recover any capital that is linked to their creation.
Laws that protect copyright
There is protection of copyright in several legislations in Brazil, in the Federal Constitution, which guarantees it as one of the main rights of the citizen, in the Brazilian Penal Code, which brings the crimes foreseen for those who disrespect the rights of the author, in addition to Law No. , which is the Copyright Law, also known as LDA.
In conjunction with it, the Civil Code is also used, which is normally used as a source for claiming Moral Damages. two
Tip : If you're a lawyer, we have a sample petition that can help.
Copyright and images on the Internet
On the Internet it is common to find several images, from illustrations to photographs on different topics.
It is common for many stores, companies, website owners, writers, especially those using Instagram, to use images found on search engines such as Google.
Unfortunately, what they often don't know is that using these images without the author's permission can cause serious problems and not just the need for retraction.
If you use images without permission, you can pay dearly.
We have received dozens of cases of companies, or even small blogs, that used copyrighted images and had to pay high amounts to compensate the owner of the same.
Copyright protects all works, including those on the Internet.
Using these images without permission can cause serious problems.
For example, the author has the right to ask for compensation for the unauthorized use of the image, to prohibit the commercialization of any object that has the image linked to it and even to file a lawsuit asking to receive part of the profits that that company, store or physical personnel received. through your work.
In 2015, a company started selling clothes with the illustrations of Turma da Mônica, without having asked for any kind of authorization to do so.
It was reported that when Maurício de Souza became aware of this act, he filed a lawsuit prohibiting the commercialization of the products and requesting the payment of compensation for the use of the images of Turma da Mônica without authorization.
The Copyright Law protects both visual and audiovisual works and in it, it is clear that the author holds all rights to his work.
Not only moral, but also patrimonial, being he the only one who can decide whether to publish it, modify it or allow a third party to use it.
Can I use images on non-profit websites?
No, even if you do not have any direct profit purposes, apart from some exceptions of the law, you cannot use an image without the express authorization of the intellectual owner of the photo or image, and you may have to pay moral and material damages if you do.
Many blogs use images without proper care to give credit to the author and learn to deal with the consequences of not having permission.
Usually, it is believed that, by not performing any directly commercial activity with that image, they are not performing any act that disrespects the law, however, unfortunately, this thinking is not correct.
Even if your site is non-profit, you can still pay moral damages.
Even if you don't use your blog to directly sell any product you produce or market, and even if you don't have some form of monetization on your website, such as Google Adsense, the law still applies to you.
For this reason, using the image found on the Internet, even if found on a research site or on the author's own social network without permission, is not a lawful conduct.
What requires the author's permission is not to use the image in a commercial way or medium, but also to simply link it, without the author being warned and giving authorization for this.
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