List of Hypothetical Questions about Digital Artwork

[inquisitorx75]

What is the name of your state (only U.S. law)? Texas

Hello, I have sort of a list of hypothetical and related questions on copyright.

Consider the existence of Company X that produces various digital artwork that is officially theirs via copyright law and proper registrations. It is a world renowned company with works that can be unmistakably recognized as theirs.

Now suppose Person A goes and creates derivative artwork that highly resembles the work of Company X. This obviously becomes copyright infringement ! However, let’s suppose Company X is so large that they either do not care or they haven’t noticed the activities of Person A. . . .

Now enters Person B, who goes and takes Person A’s derivative digital artwork and uses it for Person B’s own work. What can Person A do about it ? If I am correct, Person A’s digital artwork is technically copyrighted the moment they produce their work (even though it may be derivative artwork). Person A can then request Person B to stop their activities via a DMCA takedown. However, if I am correct, Person B can send a counter notice or ignore the DMCA takedown. This is because it is not registered artwork. . . .

However, can Person A register said artwork via the US Copyright Office ? Logical sense says “No, obviously not” since a copyright already exists for such artwork by Company X. However, I haven’t exactly found where it explicitly states this on the US Copyright Office website. If someone can point it out to me from there or on another resource explicitly stating someone can’t register digital art already registered under someone else, please let me know !

Now, to make things more interesting . . . . . . . Let’s SUPPOSE Person A really CAN register their digital art, potentially by significantly altering their artwork so that it no longer resembles Company X’s artwork (or anyone else’s artwork) in any way. However, let’s also suppose Person A DOES NOT do so. Can Person B, hypothetically go and register Person B’s digital artwork as their own ? Obviously, this is a very unethical thing to do ! However, the question is again hypothetical.

My last question is . . . Is there a way Person B can get Company X to shut-down Person A’s activity ? Obviously, it is at Company X’s sole discretion to do so, but are their ways for Person B to persuade Company X to take action ? I suppose persistent notification of Person A’s illegal activity to Company X is one way. But other than doing that consistently, I don’t know of any other ways.

Thank you for reading and for any possible answers to my questions.

Just a person who recently got HIGHLY interested in copyright law. . . . . . .

 

[quincy]

What is the name of your state (only U.S. law)? Texas

Hello, I have sort of a list of hypothetical and related questions on copyright.

Consider the existence of Company X that produces various digital artwork that is officially theirs via copyright law and proper registrations. It is a world renowned company with works that can be unmistakably recognized as theirs.

Now suppose Person A goes and creates derivative artwork that highly resembles the work of Company X. This obviously becomes copyright infringement ! However, let's suppose Company X is so large that they either do not care or they haven't noticed the activities of Person A . . .

Your hypothetical falls apart here. World renowned large Company X would not be oblivious to infringers nor would it not care.

Now enters Person B, who goes and takes Person AÂ’s derivative digital artwork and uses it for Person BÂ’s own work. What can Person A do about it ? If I am correct, Person AÂ’s digital artwork is technically copyrighted the moment they produce their work (even though it may be derivative artwork). Person A can then request Person B to stop their activities via a DMCA takedown. However, if I am correct, Person B can send a counter notice or ignore the DMCA takedown. This is because it is not registered artwork. . . .

Registration is not necessary until an infringement suit is filed. That said, Company X would file DMCA takedown notices on both A and B and potentially send settlement demand letters to both or sue both for infringement.

However, can Person A register said artwork via the US Copyright Office ? Logical sense says “No, obviously not” since a copyright already exists for such artwork by Company X. However, I haven’t exactly found where it explicitly states this on the US Copyright Office website. If someone can point it out to me from there or on another resource explicitly stating someone can’t register digital art already registered under someone else, please let me know !

US Copyright Office Circular 14: https://www.copyright.gov/circs/circ14.pdf

US Copyright Office FAQ: https://www.copyright.gov/help/faq/faq-fairuse.html

Now, to make things more interesting . . . . . . . LetÂ’s SUPPOSE Person A really CAN register their digital art, potentially by significantly altering their artwork so that it no longer resembles Company XÂ’s artwork (or anyone elseÂ’s artwork) in any way. However, letÂ’s also suppose Person A DOES NOT do so. Can Person B, hypothetically go and register Person BÂ’s digital artwork as their own ? Obviously, this is a very unethical thing to do ! However, the question is again hypothetical.

See the links above.

My last question is . . . Is there a way Person B can get Company X to shut-down Person AÂ’s activity ? Obviously, it is at Company XÂ’s sole discretion to do so, but are their ways for Person B to persuade Company X to take action ? I suppose persistent notification of Person AÂ’s illegal activity to Company X is one way. But other than doing that consistently, I donÂ’t know of any other ways.

Person B can report A's infringement to Company X and Company X can sue both A and B for using Company X's works without authorization.

By the way, this forum rarely addresses hypothetical questions because most hypothetical questions are rather silly. If you have an interest in learning more about copyright laws, however, and you have a law library near you, independent research there might interest you. You might also read through what is provided at the US Copyright Office (https://www.copyright.gov) or you can check out online classes on copyright laws, offered by Harvard (class size is limited). Here is a link to the Harvard online course: https://online-learning.harvard.edu/course/copyrightx

 

[inquisitorx75]

Hello, thank you for the prompt response along with the links !

I just have a few follow-up questions. . . .

Regarding my question as to whether Person B can register Person A’s work as their own . . . . I just want to make sure that the answer is ‘No’ for the same reason that Person A could never register their work since ONLY Company X can create derivative work of their own as stated under “Right to Prepare Derivative Works” of the US Copyright PDF link above. If I’m wrong, please let me know !

Now, when I stated that Company X ‘doesn’t notice/care’, I more so meant Company X might not be doing enough. Thus, I am wondering how to get Company X to step up their efforts. I guess, one would just simply e-Mail them ? Again, I understand that it’s at their sole discretion, but perhaps with persistence, they would take action.

My last question involves the situation where Company X DOES sue Person A and/or Person B. If both Person A and Person B have been distributing the digital artworks without monetary compensation, does that change what Company X can seek from damages by Person A and Person B ? Would the damages done by Person B be the same as those of Person A ? I’m assuming yes, since in the eyes of Company X, both Person A and Person B are simply both guilty of copyright infringement.

 

[quincy]

Hello, thank you for the prompt response along with the links !

I just have a few follow-up questions. . . .

Regarding my question as to whether Person B can register Person A’s work as their own . . . . I just want to make sure that the answer is ‘No’ for the same reason that Person A could never register their work since ONLY Company X can create derivative work of their own as stated under “Right to Prepare Derivative Works” of the US Copyright PDF link above. If I’m wrong, please let me know !

Now, when I stated that Company X ‘doesn’t notice/care’, I more so meant Company X might not be doing enough. Thus, I am wondering how to get Company X to step up their efforts. I guess, one would just simply e-Mail them ? Again, I understand that it’s at their sole discretion, but perhaps with persistence, they would take action.

My last question involves the situation where Company X DOES sue Person A and/or Person B. If both Person A and Person B have been distributing the digital artworks without monetary compensation, does that change what Company X can seek from damages by Person A and Person B ? Would the damages done by Person B be the same as those of Person A ? IÂ’m assuming yes, since in the eyes of Company X, both Person A and Person B are simply both guilty of copyright infringement.

One of the exclusive rights granted a copyright holder is the right to create derivatives.

Using someone else's copyrighted work to create a derivative work, without authorization from the copyright holder, can result in a costly lawsuit filed by the copyright holder against the copyright infringer.

Company X as copyright holder of federally registered works can be awarded statutory damages of between $750 to $30,000 per infringed work - or $150,000 against a willful infringer - or Company X can be awarded actual damages (profits by infringer, losses suffered).

Company X can pursue infringement actions against both A and B if A and B infringe on the copyrights held by Company X.

If A or B believe that what they have created could be judged transformative works or fair uses of Company X's copyrighted works, they would be smart to have an IP attorney offer an opinion on the works prior to publication. An attorney's evaluation and assessment will not prevent Company X from taking legal action but at least A and B would know better what to expect and what legitimate defenses (if any) might be present to help them defeat an infringement claim.

Bottom line: A and B should not use the works of Company X without Company X's permission.