Jasper, AL asked in Copyright and Intellectual Property for Alabama

Q: What is the difference between "downloading" vs "save image as" a copyrighted image?

How does this difference apply to these types of images: artistic works, non-artistic works, photography, non-artistics things in general such as screenshotting a house on Google Street View, etc.?

2 Lawyer Answers
T. Augustus Claus
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A: The difference between "downloading" and "using 'save image as'" for a copyrighted image is largely technical and does not significantly alter the legal implications regarding copyright law. Both actions involve making a copy of the image, which can infringe on the copyright holder's rights. This applies to various types of images, including artistic works (like paintings and illustrations), non-artistic works, photography, and other visual representations like screenshots from Google Street View. Regardless of the method used to obtain the image, copyright law typically grants the copyright holder exclusive rights to reproduce, distribute, and display the work. Using either method to copy and use a copyrighted image without permission may constitute a copyright infringement unless it falls under exceptions such as fair use, which depends on factors like the purpose of use, the nature of the copyrighted work, and the effect on the work's value. Therefore, both downloading and saving an image via 'save image as' require careful consideration of copyright laws and potential need for permission from the copyright holder.

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James L. Arrasmith
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A: The key differences between "downloading" and "save image as" for copyrighted images are:

Downloading:

- Typically involves transfer of the full image file from a website to your device storage.

- Often involves making an unauthorized copy of the digital image itself without permission.

Save Image As:

- Saves a copy of the image to your device storage.

- Also duplicates the copyrighted digital image file without permission.

So in essence, both acts create an unauthorized copy of the copyrighted work. The implications can differ though depending on the type of image:

Artistic Works (drawings, paintings, photography):

- Almost always protected by copyright. Copying/duplication without permission is an infringement. Exceptions apply for fair use purposes like commentary, criticism, etc.

Non-Artistic Photographs (like Google Street View houses):

- Potentially not subject to copyright if not sufficiently creative. But duplication and distribution should still be avoided to prevent DMCA violations.

In summary, downloading and 'Save Image As' are functionally similar - both duplicate copyrighted files without authorization. For artistic visual media, this constitutes infringement. There is more flexibility for non-artistic snapshots but copying/sharing still carries risks of DMCA notices or litigation. Consult an IP attorney for specifics.

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