Search found 2544 matches

by AndyJ
Tue Jan 25, 2022 2:41 pm
Forum: Copyright Law
Topic: Words/Phrases for song
Replies: 4
Views: 43

Re: Words/Phrases for song

Hi caniuseit, I would be wary about adding small tweaks to an existing trade mark, as mere similarity can in certain circumstances still be enough to trigger a claim. What many trade mark owners want to avoid is the so-called dilution of their mark so that it becomes generic (think of the verb to ho...
by AndyJ
Tue Jan 25, 2022 12:07 am
Forum: Copyright Law
Topic: Words/Phrases for song
Replies: 4
Views: 43

Re: Words/Phrases for song

Hi caniuseit, There are no fixed rules about how many words may be copied from one copyright work into another before infringement is said to occur. If you were copying lyrics from another song, I would advise great caution, because the music industry is particularly prone to litigation over alleged...
by AndyJ
Mon Jan 24, 2022 2:56 pm
Forum: Copyright Law
Topic: The Times Archived Content
Replies: 7
Views: 6645

Re: The Times Archived Content

Hi Paul, To be honest I can't remember why I wrote all that stuff back in 2014. With hindsight it probably over-complicated the issue. Anyway, turning to you more specific point, if you know the name of the author and you can find the date that they died, and this date was before 1 January 1945, the...
by AndyJ
Mon Jan 24, 2022 2:13 am
Forum: Ownership and Permission
Topic: Victorian illustrations
Replies: 2
Views: 58

Re: Victorian illustrations

Hi KfK, Yes the general rule in the UK and also within the EU, is that after 70 years from the end of the year in which the author or artist died, their work is no longer in copyright. Where the author or artist's identity is unknown, then the test is a reasonable presumption of when they might have...
by AndyJ
Mon Jan 24, 2022 1:10 am
Forum: Copyright Law
Topic: The Times Archived Content
Replies: 7
Views: 6645

Re: The Times Archived Content

Hi Paul, and belated apologies to tsrwright for having missed his similar question from Feb 2015. Sadly there is no single document I can point you to as the authority for my remarks. We need to follow a chain of separate authorities. Let's start with the 1956 Copyright Act. While that Act was in fo...
by AndyJ
Sat Jan 22, 2022 12:09 am
Forum: Copyright Basics
Topic: What is broadcast copyright? And also on multiple authors ...
Replies: 3
Views: 111

Re: What is broadcast copyright? And also on multiple authors ...

Yes, I think you've got the film as a broadcast bit OK. With the music it's complicated because there are different scenarios by which music comes to be in a film. For instance the composer may be commissioned to write specially for the film and it may well be that the film company acquires all the ...
by AndyJ
Fri Jan 21, 2022 11:36 am
Forum: Copyright Law
Topic: Picrights - image purchased from Shutterstock
Replies: 3
Views: 119

Re: Picrights - image purchased from Shutterstock

Hi blueflame, I suggest you wait until you have some documentary evidence of your Shutterstock licence. Once you have that, you can be pretty curt with PicRights as they (and Reuters) will have no valid claim against you. However if you fail to get the necessary documentary proof you may need to be ...
by AndyJ
Fri Jan 21, 2022 11:25 am
Forum: Copyright Basics
Topic: What is broadcast copyright? And also on multiple authors ...
Replies: 3
Views: 111

Re: What is broadcast copyright? And also on multiple authors ...

Hi imagewizard, Broadcast right forms one side of the so-called 'communication to the public right'; the other part is known as the 'making available right'. A copyright owner has three fundamental rights: the right to authorise copies to be made of his work; the right to distribute the work and the...
by AndyJ
Thu Jan 20, 2022 8:36 am
Forum: Copyright Basics
Topic: Using images/newspaper cuttings from defunct newspapers and magazines
Replies: 1
Views: 73

Re: Using images/newspaper cuttings from defunct newspapers and magazines

Hi Steve, Even though the titles may not be published today, it is highly likely that they, and their associated intellectual property, were bought up by other publishers. Over the years such titles have become concentrated in fewer and fewer large publishers, although initially most local titles we...
by AndyJ
Wed Jan 19, 2022 2:59 pm
Forum: Copyright Law
Topic: winnie the pooh in the public domain
Replies: 1
Views: 58

Re: winnie the pooh in the public domain

Hi soda bottle, If you are based in the USA, then, yes, you can consider the original Winnie the Pooh book (published in 1926 in both the UK and USA) to be in the public domain there and you can use the text however you wish. However in the UK, all the works of AA Milne remain in copyright until 1 J...
by AndyJ
Wed Jan 19, 2022 2:43 pm
Forum: Copyright Basics
Topic: Copyright Query On Using a Greeting Card
Replies: 4
Views: 83

Re: Copyright Query On Using a Greeting Card

Hi Heorge Thanks for clarifying the residence matter. I don't think you need to worry about contacting the artist again. As you imply this might give her the notion that she has some power to prevent you doing as you plan, and I don't that is the case in UK law. The fact that you are providing her w...
by AndyJ
Wed Jan 19, 2022 10:09 am
Forum: Copyright Basics
Topic: Copyright Query On Using a Greeting Card
Replies: 4
Views: 83

Re: Copyright Query On Using a Greeting Card

Hi George, You are right to be cautious. When it comes to artistic works in particular, the law varies considerably based on where you are living. I'm assuming that you live in either the USA* (you mention 'yard sale' - a largely American term) or the UK or Ireland. We have to consider what are term...
by AndyJ
Mon Jan 17, 2022 2:41 pm
Forum: Copyright Law
Topic: Picrights - image purchased from Shutterstock
Replies: 3
Views: 119

Re: Picrights - image purchased from Shutterstock

Hi blueflame8, Provided that the Shutterstock licence wasn't time-limited in some way, that licence should protect you from liability. You could contact Shutterstock to get a copy of your licence terms and date of purchase etc if necessary. They do keep records of all such transactions for the very ...
by AndyJ
Sun Jan 16, 2022 10:28 am
Forum: Ownership and Permission
Topic: Postcard published for a retailer
Replies: 3
Views: 173

Re: Postcard published for a retailer

Hi northernlight, If the newsagent is still in existence then that is the best place to start. Expect a certain amount of head scratching from them, initially! If they disclaim ownership of the copyright then the orphan works licence route is definitely viable. The fees are based on the IPO's assess...
by AndyJ
Fri Jan 14, 2022 9:15 pm
Forum: Copyright Law
Topic: French Vintage Family Photos & Photo Stock Agency Use
Replies: 2
Views: 100

Re: French Vintage Family Photos & Photo Stock Agency Use

Hi BMcT, Possession of the photographs and ownership of the copyright are two different things. Unless the old French woman was the person who took the photographs, her heirs may be irrelevant. Had she been married and her husband was the photographer, then it would have been safe to assume that she...