The issue of copyright has been discussed on this list recently and in
the past. I come from a photographic background as an editorial
photographer where the issue is under constant debate.
In the cyber world anyone with a web browser can steal anything from
an image to a page of code to your css and javascript files; and with a
text editor use your stuff to create their own site or dummy yours for a
phishing expedition. Yes there are copyright laws dealing with the web,
but they are pretty much unenforceable. A law that is enforceable
across the board and equally is a true law. Other than that it is a
waste of time, effort, paper and money if you really think about it.
If one is a true craftsman, whether it be in the field of photography or
web design, you concentrate your efforts on making photographs or web
pages. Do you really have the time and resources to pursue a WWW search
for a site that may be using your code or images? It is written that
Imitation is the sincerest form of flattery. Is it worth your time to
invest in the search or would you rather be doing what you love to do?
If someone wants to steal your work, they will and most of the time get
away with it. Look at all of the pirated copies of movies, songs and
software that are available today. The artists are still making money,
lots of it, even though this is happening.
And if you do find an infringer, do you have the resources to pursue a
legal course of action that could take years and thousands, tens of
thousands even millions of dollars to bring the culprit to justice?
What would happen to your business in the mean time? What would happen
to your name in the design community as you search for other clients to
work for? Would they want to take the chance of later being sued by you
for copyright infringement? Copyright infringement still has a gray
area and a smart lawyer can get in the gray area and beat you. Besides,
in any legal action, only the lawyers win.
The cyber world is slowly turning to open source. I'm not advocating
not to make a profit or give your work away. What I am advocating is do
what you love to do, and if someone rips you off, then let the laws of
nature take its course. What goes around comes around.
When I do a web site, I give the copyright to the client. I have better
things to do with my time than try and make sure that they or anyone
else infringes on that work. When I do photography work for a client
they too get the copyright. I get paid for my work and that's that. I
don't lose sleep at night wondering if someone is infringing upon my
copyright.
On the other hand, if you had talked with me about this issue in 1999 my
position would have been just the opposite. The cyber world has changed
everything and made certain things archaic.
Cheers,
Dwain
--
Dwain Alford
P.O. Box 145
Winfield, Alabama 35594
telephone: 205.487.2570
cellphone: 205.495.5619
The artist may use any form which his expression demands;
for his inner impulse must find suitable expression.
Wassily Kandinsky, Concerning The Spiritual In Art
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