AZ-ZBum wrote:Published materials are automatically protected under copyright laws. Since the web is a form of publishing, the pictures are automatically covered. No forms required.
Fair use act would allow someone to copy the image as an example, but since this company is making money off the display of the picture, it is protected.
Correct, but published or not, it would still need to be registered with the Copyright office if you want it to be protected legally. Also, neither of the works show a copyright date and owner or a date of publication; which would be necessary in determining who had the picture first. A work does not need to be published for Copyright protection to begin, as copyright protection begins the moment a work is placed into a tangible form; which in this case would be taking/saving the picture, but it still needs to be registered with the Copyright office for legal protection. If the work is unregistered, and If "Andy's Auto Sport" would have registered the picture, then they would not have to take it off, and could actually sue Stillen for using their picture, although it really isn't theirs. However, thats an "if" scenario. Thankfully no legal action was necessary, and the picture was removed.