Copyright Aid

Here we go again - you don't understand the statue of limitations act in regards to copyright


Agripicture Images Limited v Telegraph Media Group Limited Case No: IP16S00113

District Judge Vary stated in regards to a defence of beyond statue use of a photograph
17. However, on the limited ...

as several IPEC judges have pointed out to me - the statue of limitations starts from the point of discovery. This can be further supported if the infringed image has had its original file name changed, meta data removed or altered, cropped/resized, edited/flipped etc - these actions are classified ...

Hi
You haven't stated if this is a photography company or a copyright infringement company. If it's a photographer, there is a very good chance this will end up in court if you don't negotiate. There are quite a few precedents now for dissuasive awards plus normal license fees and the dissuasive ...

You have to understand that the analogy you used is if you had entered into a contract with the rights holder - this is not the case. You have been accused of using a copyrighted image, the claimant is free to ask the court for their normal licensing fees (not the lowest you can find on Istock) and ...

Hi,
Jonathan Webb claim was in the small track - District Judge Obodai took the opinion that the damages should be dissuasive. Small claims are limited £10,000 in respect to the income lost by the creative but damages are at the discretion of the judge and they can award whatever they feel is ...

2 IPEC judges were recently interviewed regarding the small claims track process - they stated that they are typically 250 -300 claims a year across the country, mostly by photographers and artists. This amount is increasing due to the increase in creatives being able to file their cases easily on ...

As a photographer, I don't agree with other image producers using Creative Commons licenses (v2 & v4) to effectively entrap others. There are several individuals in both the US and Germany who used this legal device to extract a lot of money from companies and individuals.
With regards to Pixsy, I ...

having spoken to over 30 photographers recently who actively monitor their IP (images) - I would say over 90% have stated that the file names had been changed and the meta data of the file was completely stripped from the infringed images. Most web designers are complicit in that they know about ...

Over the last few weeks, I have been investigating your claims regarding statue of limitations regarding copyright - I have spoken to an IPEC judge, a couple of senior copyright barristers, our own solicitor, our trade organisation etc, all agree that the statue of limitations starts from the point ...

Im not sure why you keep quoting this case as very specific and time relevant to 1994 when the case was heard. It crosses 2 pieces of Copyright legislation (1988 Act and 1968 Act) when they infringements occurred. The claimant acknowledged he could not personally claim against the defendant for acts ...

the point of limitation starts from the point of discovery of the infringement - not from when it started. I have had this as a defence several times from infringers in Court - on all occasions the judge has deemed the act of limitation began at the point of discovery. Google etc only index 3.5-5 ...

Statue bar on copyright works differently to contractual law. Having taken on several very large media groups over images posted over 6 years ago - both IP solicitors ( I have spoken to quite a few now) and a IPEC judge instead believe that the statue bar started from the point of discovery of the ...

trying set a value by referring to a stock library is a very bad idea if the claim progresses to IPEC Court hearing - it will be ignored by the judge unless the image is the exact same image which was accused of being infringed. Even then, it can only be a guide, if the image creator can prove that ...

as with all cases that go to court, the name of the plaintiff will be the copyright holder not the IP enforcement agent. Speaking to other photographers, by the time the case actual gets to the hearing, 99% of defendants fail to attend. Even those with legal representation, seem to bottle out given ...

well this has been an interesting thread but with little legal validity in advice- I would strongly suggest you speak to a qualified IP solicitor before proceeding. A defence of not knowing was thrown out in the legal precedent set by Hoffmann v DARE in 2012. Im not sure where Andy is getting his ...