Search found 2111 matches

by AndyJ
Fri Dec 06, 2019 7:23 am
Forum: Copyright Law
Topic: Artwork
Replies: 2
Views: 31

Re: Artwork

Hi Lminto, The signature and quote shouldn't pose any problems because they fall within the section 30(1ZA) exception for the purpose of quotation. I think you can rely on the second part of subsection 1ZA(d) not to provide a credit because it would be impractical in the circumstances. However I wou...
by AndyJ
Wed Dec 04, 2019 10:38 am
Forum: Copyright Infringement
Topic: PicRights Solicitor Letter Demanding Fee For Alleged Image Use
Replies: 5
Views: 106

Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

I have read the following information elsewhere: "If you have infringed copyright primarily, the damages would not be limited to the charge they would normally ask for that image. The charge for using it lawfully is usually the starting point for infringement, with the damages increasing from that ...
by AndyJ
Wed Dec 04, 2019 9:18 am
Forum: Copyright Infringement
Topic: PicRights Solicitor Letter Demanding Fee For Alleged Image Use
Replies: 5
Views: 106

Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Hi balkan, It is important that you make these people aware that you know that if they take you to court, any damages would be based on the loss sustained by the copyright owner and no more, hence that is the basis of your counter offer. Expect a certain amout of fight back and bluster, but if you s...
by AndyJ
Tue Dec 03, 2019 5:45 pm
Forum: Copyright Infringement
Topic: PicRights Solicitor Letter Demanding Fee For Alleged Image Use
Replies: 5
Views: 106

Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Hi balkan, First of all if you haven't already done so, remove the disputed image from your website immediately. You don't mention anything about the photo which is in dispute or how long they are claiming it has been in use, but I think it's fair to say that a four figure sum is likely to be wholly...
by AndyJ
Sun Dec 01, 2019 8:17 pm
Forum: Copyright Basics
Topic: Claiming Copyright
Replies: 3
Views: 94

Re: Claiming Copyright

I suppose a test would be if I took some prints from the Mother in laws postcard and offered them for sale and see if a legal challange is raised... :D That would be a great idea. You could shut down a claim like that in a matter of minutes because if you perfomed your own scan of an out-of-copyrig...
by AndyJ
Sat Nov 30, 2019 10:02 pm
Forum: Copyright Basics
Topic: Claiming Copyright
Replies: 3
Views: 94

Re: Claiming Copyright

Hi sassanach, The facetious answer is that yes anyone can claim copyright in just about anything. However they may not have a valid claim. In the case you have cited, it would seem highly unlikely that any new copyright has been created by whoever has digitised these postcards. The law says that a c...
by AndyJ
Wed Nov 27, 2019 11:59 pm
Forum: Copyright Law
Topic: Knitting patterns and character copyright
Replies: 4
Views: 128

Re: Knitting patterns and character copyright

Hi Sally, Ah yes, that does make a bit of a difference. The knitting pattern does result in a copy of a copyright work or works if it incorporates the images of the actual characters, since they form a substantial part of Hergé's work. But assuming that the pattern maker has got a licence to produce...
by AndyJ
Wed Nov 27, 2019 9:04 pm
Forum: Copyright Law
Topic: Knitting patterns and character copyright
Replies: 4
Views: 128

Re: Knitting patterns and character copyright

Hi Sally, Good to hear from you again. Under UK law it's most unlikely that the original Hergé sweater would have gained copyright protection: it's too small a detail of the characters which are themselves but components of the larger artistic works which make up the Tintin cartoon strips, to form a...
by AndyJ
Fri Nov 22, 2019 4:56 pm
Forum: Copyright Law
Topic: Arthur Waite/ Pamela Coleman Smith Cards
Replies: 8
Views: 418

Re: Arthur Waite/ Pamela Coleman Smith Cards

Hi Nick, You've been very thorough with your research! I only did a quick google for JD Semken and didn't immediately find anything promising. In line with what I said earlier about approaching Semken or his heirs, I will pm Helen with Semken's oldest son's contact details and she can take it from t...
by AndyJ
Thu Nov 21, 2019 10:01 pm
Forum: Copyright Law
Topic: Arthur Waite/ Pamela Coleman Smith Cards
Replies: 8
Views: 418

Re: Arthur Waite/ Pamela Coleman Smith Cards

Hi Nick, Thanks for raising this. I'm sure you are right that we need to consider the pre-1911 legal position more carefully when analysing the issues here. What follows covers just the UK position on copyright; I am sure that, as I and others have argued, the US copyright if it ever truly existed, ...
by AndyJ
Thu Nov 21, 2019 9:40 am
Forum: Ownership and Permission
Topic: Amending quote in print - permission required?
Replies: 2
Views: 198

Re: Amending quote in print - permission required?

Hi TP, That's an interesting question. From a copyright point of view I don't think it matters so long as the original author of the quote is acknowledged. Misquotation is so prevalent that it qualifies for an entry in Wikipedia . Assuming that you wanted to quote and amend a fairly long passage (ie...
by AndyJ
Mon Nov 18, 2019 10:02 pm
Forum: Copyright Law
Topic: Arthur Waite/ Pamela Coleman Smith Cards
Replies: 8
Views: 418

Re: Arthur Waite/ Pamela Coleman Smith Cards

Hi helenoran462, From the frontispiece of the Waite book, it would appear that Coleman Smith is being acknowledged as the author (or possibly joint author) of the illustrations in the book, and so since the book was published in the UK, UK law will apply because she was a British resident at the tim...
by AndyJ
Fri Nov 15, 2019 8:46 am
Forum: Copyright Basics
Topic: Film Stills Pre-1969
Replies: 3
Views: 1018

Re: Film Stills Pre-1969

Nick is absolutely right. I should have said that each individual frame of the film was classed as an individual work. So, if the images you wish to use are definitely captured from the film itself then my answer is the way to go, but if they are stills taken on the set as Nick described, his answer...
by AndyJ
Sun Nov 10, 2019 9:21 am
Forum: Copyright Law
Topic: Ouija board
Replies: 2
Views: 278

Re: Ouija board

Hi mp1984, The bottom of the article you linked to concerns the 1891 US patent application for the board 'game'. Patents are territorial in nature so a US patent, if it was granted, would only have applied within the USA. In any case, a patent only lasts for 20 years, so we can dismiss any patent pr...
by AndyJ
Sun Nov 10, 2019 8:29 am
Forum: Music Copyright
Topic: There's a Hole in the Bottom of the Sea
Replies: 2
Views: 268

Re: There's a Hole in the Bottom of the Sea

Hi Pete, There's an entry in the Library of Congress Catalogue of Copyright Entries Part 5A - Published Music - for Jan-June 1948 crediting Lloyd (Lonzo) George and Rollin (Oscar) Sullivan (the country music duo you mentioned - Wikipedia entry here ) with the lyrics, and indicating that the copyrigh...