Search found 2472 matches

by AndyJ
Fri Oct 22, 2021 11:32 am
Forum: Music Copyright
Topic: Advice on "public domain" please
Replies: 4
Views: 141

Re: Advice on "public domain" please

... I'm in the clear anywhere that has the same "country of origin" rule, but not in countries with an automatic 70 year rule regardless of origin (until Jan 1st 2023, as Edward Madden died in March 1952). Is that correct? Hi number6, Very few countries will apply the lifetime plus 70 yea...
by AndyJ
Thu Oct 21, 2021 7:55 pm
Forum: Music Copyright
Topic: Advice on "public domain" please
Replies: 4
Views: 141

Re: Advice on "public domain" please

Hi Number6 (I assume you are not a number...) The first thing we need to clarify is that copyright in the song (that is the lyrics and the music) is separate from the copyright in the recording of that song, and each will be owned by different people. You say you want to use an original recording of...
by AndyJ
Tue Oct 19, 2021 10:41 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 5
Views: 281

Re: Copyright infringement via Permission Machine, acting on behalf of Alamy

Hi Daniel, Yes, Permission Machine cannot bring a case in their own name unless the photographer assigns the entire copyright to them (which he isn't going to do for obvious reasons) or they somehow become the exclusive licensee, which they can't because Alamy are also licensees. However what the bl...
by AndyJ
Mon Oct 18, 2021 10:02 pm
Forum: Copyright Law
Topic: Using a product for another purpose - IP
Replies: 3
Views: 290

Re: Using a product for another purpose - IP

Neptune2k wrote: Mon Oct 18, 2021 7:41 pm ... it’s unlikely the brake disc manufacturer will have an issue with me buying their discs ...
That's correct.
by AndyJ
Mon Oct 18, 2021 3:07 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 5
Views: 281

Re: Copyright infringement via Permission Machine, acting on behalf of Alamy

Hi Daniel, Unfortunately you are far from being alone in facing such issues. It seems to be a growth area as far as speculative claims are concerned, now that PPI claims are a thing of the past. Rather than repeat what we generally say about how to deal with claims like this, can I please refer you ...
by AndyJ
Mon Oct 18, 2021 2:11 pm
Forum: Copyright Infringement
Topic: Copyright infringement claim from German lawyer
Replies: 6
Views: 269

Re: Copyright infringement claim from German lawyer

Hi TTT, For the reason I gave in my previous reply I don't think you should say you were unaware that the image was subject to copyright. If you thought that a valid licence had been obtained by the developer, then clearly there had to a copyright underlying this licence. Your second paragraph corre...
by AndyJ
Mon Oct 18, 2021 8:19 am
Forum: Copyright Infringement
Topic: Copyright infringement claim from German lawyer
Replies: 6
Views: 269

Re: Copyright infringement claim from German lawyer

Hi TTT, Yes I would agree with the advice not to sign any forms, as this could amount to an admission of liability. And as for the matter of the web developer, he is probable directly liable since he was the person responsible for sourcing and taking the image and for telling you that all the images...
by AndyJ
Sun Oct 17, 2021 8:29 am
Forum: Copyright Infringement
Topic: Copyright infringement claim from German lawyer
Replies: 6
Views: 269

Re: Copyright infringement claim from German lawyer

Hi TTT, We hear about this kind of claim quite often on the forums here. You don't mention how much is being claimed from you, but I expect it is a large amount in comparison to the true value of the image. I suggest you read through one or two of the other threads which detail much the same experie...
by AndyJ
Mon Oct 11, 2021 3:26 pm
Forum: Copyright Law
Topic: Using a product for another purpose - IP
Replies: 3
Views: 290

Re: Using a product for another purpose - IP

Hi Neptune, The first thing to say is that copyright is not involved in what you want to do. Manufactured products such as brake discs are not protected by copyright. The nearest applicable legal regime would be design right, but that only covers activities such as making replicas of existing produc...
by AndyJ
Mon Oct 11, 2021 3:15 pm
Forum: Copyright Law
Topic: History project
Replies: 10
Views: 802

Re: History project

Yes, what the archive are doing is controlling access via their own rules which probably have little to do with copyright. Even with items they hold which remain in copyright, it is most unlikely that they are also the copyright owner and therefore do not have the authority to say whether or not a w...
by AndyJ
Sun Oct 10, 2021 9:35 pm
Forum: Copyright Law
Topic: History project
Replies: 10
Views: 802

Re: History project

Yes, for the period from 1945 to the present day the copyright term is based on the lifetime of the author of the work plus 70 years from the end of the year in which he/she died. This applies even where the creator of the work was employed by a company and so the company became the owner of the cop...
by AndyJ
Sat Oct 09, 2021 3:46 pm
Forum: Copyright Law
Topic: History project
Replies: 10
Views: 802

Re: History project

Sadly what you have come up against is a mentality which seems all too prevalent in archive circles: ownership means control. Most archives are set up to preserve documents and artefacts so that future generations can benefit from them, but as you say, sometimes the present day guardians are more ob...
by AndyJ
Sat Oct 02, 2021 7:31 am
Forum: Copyright Infringement
Topic: Artwork and clothing
Replies: 4
Views: 455

Re: Artwork and clothing

Hi again, As it appears there was some deception in the way the commission was agreed, that certainly strengthens your case. If the matter ever went to court (which it almost certainly won't) the court would have to decide what contract was in place. A contract based on a deception by one of the par...
by AndyJ
Fri Oct 01, 2021 11:07 pm
Forum: Copyright Infringement
Topic: Artwork and clothing
Replies: 4
Views: 455

Re: Artwork and clothing

Hi Mklimay, You own the copyright in your artwork, even though it was itself dervived from the photographs they supplied, as you will have undoubtedly provided sufficient of your own creativity in the new work. And as it sounds as if there was no part of the commissioning agreement which transferred...
by AndyJ
Thu Sep 23, 2021 8:55 pm
Forum: Copyright Infringement
Topic: Pixsy and Canva
Replies: 1
Views: 364

Re: Pixsy and Canva

Hi Jess, Provided that you are sure that you haven't contravened any of the 12 Prohibited Uses of all Stock Media outlined on Canva's license terms, then it sounds as if you are not liable for any infringement as claimed by Pixsy. Even if somehow Canva have erroneously included the photographer's im...