Search found 1882 matches

by AndyJ
Sat Aug 11, 2018 11:08 am
Forum: Copyright Law
Topic: Selling framed vintage magazines and books
Replies: 4
Views: 37

Re: Selling framed vintage magazines and books

Hi ATMOSBOB, You are right with your first statement that exhaustion of rights applies to original works. In this case the original work is the magazine cover, rather than the underlying photograph or artwork. The underlying work is not being copied or republished other than in a form which the auth...
by AndyJ
Fri Aug 10, 2018 9:29 pm
Forum: Copyright Law
Topic: European Court of Justice, Renckhoff, Cordoba
Replies: 2
Views: 26

Re: European Court of Justice, Renckhoff, Cordoba

Hi concentrik and ATMOSBOB, Yes I agree with ATMOSBOB's analysis. The case in the German courts was argued on the basis that the use of the photograph was in support of education, although I think it was admitted at an early stage, the actual use of the photograph was purely illustrative, and formed...
by AndyJ
Thu Aug 09, 2018 4:51 pm
Forum: Copyright Law
Topic: Selling framed vintage magazines and books
Replies: 4
Views: 37

Re: Selling framed vintage magazines and books

Hi Ziner, You should be perfectly OK doing this. As you are not copying anything, copyright law is not really engaged. There was a court case five years ago known as Allposters ( Art&Allposters v Stichting Pictoright C - 419/13) in which the Court of Justice of the European Union came up with a slig...
by AndyJ
Thu Aug 09, 2018 3:57 pm
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 29
Views: 913

Re: Plagiarism of Blog Articles

Hi Ann, Just to make it clear, the amount you put on the claim form in respect of additional damages is just to allow the court staff to calculate the fee which is due. Once you get to court (assuming the case doesn't settle) you would need to explain you reasoning, but as you say, the court will us...
by AndyJ
Thu Aug 09, 2018 11:51 am
Forum: Copyright Law
Topic: Images on public blog
Replies: 12
Views: 358

Re: Images on public blog

Hi ATMOSBOB, The CJEU decision in case C -161/17 does not really break new ground or create new law, it's just a re-statement of most people's understandiing of the law for over a century, namely that it is infringement to copy someone else's work, unless there is a specific exception to cover the t...
by AndyJ
Tue Aug 07, 2018 6:50 pm
Forum: Ownership and Permission
Topic: 1960 article in Punch
Replies: 2
Views: 72

Re: 1960 article in Punch

Hi Librarian, You may quote a small portion of the article without the need for permission, using the quotation exception , along with the citation you mention. However, if you wished use the whole article or a major part of it, you would need to get permission. In 1960 Boothroyd was employed as an ...
by AndyJ
Mon Aug 06, 2018 10:12 am
Forum: Copyright Law
Topic: Re-uploading a scan
Replies: 4
Views: 80

Re: Re-uploading a scan

You are now moving into even murkier waters! Yes, if you were to use OCR software to extract just the original text that would not infringe any claim to copyright in the scan, just as typing out the text manually would not infringe. However when it comes to reproducing an image in this way, you woul...
by AndyJ
Mon Aug 06, 2018 9:59 am
Forum: Ownership and Permission
Topic: Unpublished Letters
Replies: 4
Views: 61

Re: Unpublished Letters

Yes, where just the copyright itself is at issue, it will cascade down either through actual bequests or as a consequence of being a part of the overall estate. For the sake of simplicity the best course is to follow the route via the main beneficiaries of wills. Of course after a certain period of ...
by AndyJ
Mon Aug 06, 2018 9:47 am
Forum: Ownership and Permission
Topic: Archivists and Copyright
Replies: 1
Views: 39

Re: Archivists and Copyright

To be fair to archivists, given the quantity of materials they hold and the complexity 1 of the law in this area, it is usually easiest to assume that everything they hold is in copyright and follow a standard procedure. There are several books 2 which have been published specifically for the guidan...
by AndyJ
Mon Aug 06, 2018 9:09 am
Forum: Ownership and Permission
Topic: Unpublished Letters
Replies: 4
Views: 61

Re: Unpublished Letters

Hi cannonking, What the Copyright Designs and Patents Act says is 93 Copyright to pass under will with unpublished work. Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to— (a) an original document or other material thing recording or embodying a ...
by AndyJ
Mon Aug 06, 2018 8:27 am
Forum: Copyright Law
Topic: Miniature Models Copyright
Replies: 1
Views: 45

Re: Miniature Models Copyright

Hi cannonking, Unfortunately the article written by Richard Willoughby on the DYoung website rather jumped the gun in that it was written before the statutory instrument which effected the change had been promulgated. Here's the SI which sets out the actual timetable. As you can see from article 5, ...
by AndyJ
Mon Aug 06, 2018 7:42 am
Forum: Copyright Law
Topic: Re-uploading a scan
Replies: 4
Views: 80

Re: Re-uploading a scan

Hi cannonking, Yes your analysis is perfctly sound. You will find several threads on the forums here where I have mentioned this practice. You are right that there have been no cases in court to test such claims in the specific issue of mechanical copying. But since it is not illegal to make false c...
by AndyJ
Fri Aug 03, 2018 7:22 am
Forum: Copyright Infringement
Topic: Marketing website copyright infringement claim
Replies: 5
Views: 107

Re: Marketing website copyright infringement claim

Hi again, Their reply doesn't make much sense, and is legally inaccurate. The fact that you own your domain [name] is totally irrelevant. You have seen what the EU Directive says on the matter. Assuming that you took down the disputed material expeditiously when first notified, you have complied wit...
by AndyJ
Fri Jul 27, 2018 8:12 am
Forum: Copyright Infringement
Topic: Marketing website copyright infringement claim
Replies: 5
Views: 107

Re: Marketing website copyright infringement claim

Hi helpmeplease, Provided that no-one connected with running the site takes active steps to moderate, edit or approve postings prior to them going up. then the site owner is not liable for any alleged infringement caused by a third party, provided that, once notified of the alleged infringing materi...
by AndyJ
Sat Jul 21, 2018 10:36 am
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 3244

Re: Getty letter for using image supplied by 'reputable' company

Just to update this thread in case anyone has come here after having a similar experience with Atradius, the FCA's interim licence to Atradius Collections, mentioned by Chris above, lapsed on 06/01/2016 and the company is no longer authorsied as a debt collection company within the UK. If you receiv...