Search found 8 matches

by TerryS
Wed May 05, 2021 4:49 pm
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Also, out of interest, what were the damages likely to be in that case? I assume the claimant could not get an account of profits done from the distributor as they were not found liable?

So would they have to get the damages from the vinyl developer? I assume this would not be as much?
by TerryS
Wed May 05, 2021 4:30 pm
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Hi Andy, Apologies for the late reply. I’ve read through the court case you shared, thanks for sharing, a very interesting read. I’m slightly confused by the case... am I right in thinking LTEV were guilty for primary infringement but the distribution side of things / the secondary infringement they...
by TerryS
Thu Apr 22, 2021 2:22 pm
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Hi again Andy, I mostly understand your points, but it still seems to me that there would have 2 different cases of copyright infringement in this specific scenario... 1. the stock site selling it as royalty free to me, and 2. me using it and profiting off of it Would it be right to say that potenti...
by TerryS
Wed Apr 21, 2021 8:18 pm
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Thank you Andy, very helpful. It's a very interesting topic! If the alleged secondary infringer can convince the court that he did not know that he was dealing with an infringing copy, he would be off the hook as far as damages were concerned, but the primary liability would be unaffected by this. I...
by TerryS
Wed Apr 21, 2021 5:37 pm
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Perhaps I'm wrong in assuming that if there is secondary infringement there is always primary infringement?
by TerryS
Wed Apr 21, 2021 5:21 pm
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Thanks once again for your insight here. So in the example we are talking about, having obtained a seemingly valid licence to use an image, the alleged secondary infringer could show that he had no reason to believe the work was an infringing copy, and thus the liability would fall away. Would the l...
by TerryS
Wed Apr 21, 2021 11:56 am
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Re: Buying 'copyright free' content that wasn't actually copyright free.

Hi Andy, Thanks for your reply. You're correct I did mean 'royalty-free' not copyright free. Fortunately, there is no active issue with this specific scenario but I just wanted to make sure I am aware about such a possible scenario. I buy a lot of 'royalty-free' content and would like to be fully aw...
by TerryS
Tue Apr 20, 2021 10:21 am
Forum: Copyright Infringement
Topic: Buying 'copyright free' content that wasn't actually copyright free.
Replies: 18
Views: 797

Buying 'copyright free' content that wasn't actually copyright free.

Hi, Very interesting reading through this forum as it relates to my business. Thanks for all your advice this a fantastic forum for shedding light on somewhat complicated issues. I have 2 hypothetical cases that I’m wondering if someone could please give me some insight into. The cases revolve aroun...