Search found 1943 matches

by AndyJ
Wed Dec 12, 2018 12:59 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 35

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Hi Fatty, You may have misunderstood the point I was making. I have no quibble with the fact that the defendants clearly had no real defence and therefore even if they had attended the hearing, the outcome over liability was unlikely to have been any different. I don't know if you have attended cour...
by AndyJ
Tue Dec 11, 2018 9:09 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 35

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Hi Fatty, Once again, a word of caution about relying on the results of individual cases. While Mr Webb is to be congratulated for successfully bringing this case (his second before the IPEC), in this instance the defendant was not represented in court and the entire trial lasted a mere 45 minutes. ...
by AndyJ
Tue Dec 11, 2018 8:52 pm
Forum: Copyright Infringement
Topic: Pixsy.com email re use of photo on website demanding fee
Replies: 16
Views: 1092

Re: Pixsy.com email re use of photo on website demanding fee

Hi Fatty, Thanks for your comments here and elsewhere on the forums today. Just a couple of clarifications. With regards to Pixy being a scam, while I have not made a full investigation to check that the firm is bona fide, I have seen no evidence at all that it is. They have a website and they publi...
by AndyJ
Mon Dec 10, 2018 2:48 pm
Forum: Ownership and Permission
Topic: Postcard image: oil painting
Replies: 2
Views: 27

Re: Postcard image: oil painting

Hi Helen, It is certainly a little confusing that the caption says that the painting is 'after' JMW T, but the attribution by the publisher is to the great man himself. This is unfortunate because if there was a single attribution which just noted that Turner was the artist, section104(2) would have...
by AndyJ
Sat Dec 08, 2018 6:55 am
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 56
Views: 4221

Re: Plagiarism of Blog Articles

Hi Ann, Yes, evidence from the Wayback machine (the Internet Archive.org) has been used in many previous cases* in the UK. That said, if the defendant is saying that you previously offered the article for free, the onus is on him to provide evidence to support that statement, not the other way round...
by AndyJ
Thu Dec 06, 2018 9:20 pm
Forum: Copyright Law
Topic: Clarification requested please
Replies: 2
Views: 49

Re: Clarification requested please

Hi JC, Your last paragraph accurately sums up the situation. The separate items which make up the content of magazines (text, pictures, adverts etc) are individually all protected under the relevant heading of literary or artistic works, and in general this protection will last for the lifetime of t...
by AndyJ
Thu Dec 06, 2018 4:05 pm
Forum: Ownership and Permission
Topic: Quoting TED Talk
Replies: 2
Views: 48

Re: Quoting TED Talk

Hi teepeemckay, What you propose should not need permission as it will fall within the exception for quotation (section 30(1ZA) Copyright Designs and Patents Act 1988). Although this is a UK/EU exception, something very similar applies under the US doctrine of fair use. Effectively this shoulld mean...
by AndyJ
Thu Dec 06, 2018 1:10 am
Forum: Ownership and Permission
Topic: Postcard images and content
Replies: 2
Views: 99

Re: Postcard images and content

Hi HelenBee, There are two separate aspects to your question: copyright and privacy/personal data. I'm not sure why Francis Frith are saying that a postcard which is over 70 years old is OK. Assuming that the image on the card is a photograph, then as you will have seen from other threads on that su...
by AndyJ
Mon Dec 03, 2018 9:43 am
Forum: Copyright Law
Topic: Old books and the illustrations therein
Replies: 2
Views: 106

Re: Old books and the illustrations therein

Hi Sally, You are right to be cautious about older works which may still be in copyright due to never having been published with the authorisation of the copyright owner. In cases such as these, copyright could exist until the end of 2039* when, finally, all such works will enter the public domain i...
by AndyJ
Sat Dec 01, 2018 7:31 am
Forum: Copyright Infringement
Topic: Am I Infringing this business's copyright with this?
Replies: 13
Views: 843

Re: Am I Infringing this business's copyright with this?

Thanks to Nick for pointing out the problem with the URL. For the benefit of others reading this thread, here is the correct link to sam's representation: https://www.facebook.com/photo.php?fbid=2107513045979175&set=gm1905568282825623&type=1&theater . I have also corrected the link where it appears ...
by AndyJ
Sat Nov 24, 2018 10:57 am
Forum: Copyright Law
Topic: Stripes on a Mug
Replies: 4
Views: 183

Re: Stripes on a Mug

Hi Mugman, Yes, I think a load of rubbish about summarises that mail. The second and third links have absolutely no relevance to intellectual property rights and the first is a word mark which I have already covered. Since you are (or were) not describing the items you sold as Cornishware or Cornish...
by AndyJ
Fri Nov 23, 2018 9:39 pm
Forum: Ownership and Permission
Topic: WW2 Naval Publication Maps
Replies: 11
Views: 656

Re: WW2 Naval Publication Maps

Hi again Sally, The artist who drew the map for the Russian Convoys book probably had some source material, which could have originated from the Admiralty. Have you contacted the Imperial War Museum or the National Archives to see if they have any official material which you could either use as is, ...
by AndyJ
Fri Nov 23, 2018 8:34 pm
Forum: Ownership and Permission
Topic: WW2 Naval Publication Maps
Replies: 11
Views: 656

Re: WW2 Naval Publication Maps

Hi Sally, Not sure I can help with how to get publishers to respond more quickly but, my feeling is that your request might have gone on the 'too difficult' pile and got forgotten. Too difficult because they probaly have no trace of the records concerning this book, or at least it isn't on their com...
by AndyJ
Fri Nov 23, 2018 4:12 pm
Forum: Copyright Law
Topic: Stripes on a Mug
Replies: 4
Views: 183

Re: Stripes on a Mug

Hi Mugman, There are three possible areas of intellectual property which might apply here. Copyright. Any artistic work which is sufficiently original can be protected by copyright, and this would certainly apply to many designs found on pottery and chinaware. However, the horizontal stripes of the ...
by AndyJ
Sun Nov 18, 2018 11:44 pm
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 56
Views: 4221

Re: Plagiarism of Blog Articles

Hi Ann, Don't worry, there is no requirement for you to justify your fees at this stage. Since he is apparently unwilling to settle with you at the moment it's of academic interest anyway. The court will, in due course, probably want to hear how you arrived at fee, but unless the amount is clearly u...