Copyright Aid

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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 ...

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, ...

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...

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...

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...

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...