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You are here: Experts > Arts/Humanities > Visual Arts > Digital Photography > digital image formats
Expert: Jim Delillo - 11/1/2009
Question
Hi. I was wondering if you know anything and could tell me anything about patents on digital image formats? I was reading about all kinds of claims and litigation about the patent to the jpg format so I was just wondering are there limits that apply to storing or sharing digital photos online if the format you save them in is patented? Are there any undisputed "public domain" formats?
Answer
** Disclaimer: Not Legal Advice **
Hi Josh,
Regardless of the format:
See http://www.kyzer.me.uk/essays/giflzw/ regarding the expiration of the GIF patent.
The onus belongs to those who create software that outputs the patented format, not the holder of the image in that format.
So in my opinion (and not legally binding) is that users are free to store and share the resulting file is any manner, for any time. Users could be left holding the bag if the patent holder decides to claim infringement on the creator of the software to write or read the format and issues an injunction to cease and desist, but that is unlikely to happen.
A more pressing issue, is the archival storage of these images which over time may become an issue. Think of vinyl records, audio cassettes, 8-track tapes, Beta Vs. VHS, etc. the physical media itself may become obsolete and any data stored on these may require specialized equipment to extract it.
The same goes for the format - http://ask.slashdot.org/article.pl?sid=05/08/30/2249225
I hope this answers your question.
P.S. Some safety is afforded by hardcopy formats i.e., prints, but they must be carefully printed and stored by archival methods to ensure longevity, which is not indefinite.
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