Search found 2503 matches

by AndyJ
Mon Nov 29, 2021 6:39 pm
Forum: Copyright Law
Topic: using branded clothing in pictures on my website
Replies: 2
Views: 22

Re: using branded clothing in pictures on my website

Hi ryank, There are no copyright implications with what you want to do. Clothing will only rarely be subject to copyright*, and mass-produced garments or footwear certainly won't. The part of intellectual property law that you may need to consider is trade mark law. Nike logos are all registered tra...
by AndyJ
Sat Nov 27, 2021 8:32 am
Forum: Copyright Law
Topic: Using poems, song lyric quotes or book extracts in calligraphy pieces
Replies: 5
Views: 586

Re: Using poems, song lyric quotes or book extracts in calligraphy pieces

Hi withoutorgans, It largely depends on how much you want to quote. In my experience of reviews in general, they are rarely great works of literature, so re-using hackneyed phrases certainly would not pose a problem as the words are unlikely to be original in the copyright sense. Just half a dozen w...
by AndyJ
Thu Nov 25, 2021 9:23 am
Forum: Copyright Infringement
Topic: Passing off advice
Replies: 2
Views: 143

Re: Passing off advice

Hi EricTC, Perhaps the easiest way of understanding passing off is by thinking of it as form of trade mark law. However it is a part of common law, that is to say law made by the courts over a long period of time, not statute law. The purpose of passing off law is prevent deliberate or unwitting con...
by AndyJ
Wed Nov 24, 2021 1:31 pm
Forum: Copyright Infringement
Topic: Infringing as a Licensee
Replies: 1
Views: 87

Re: Infringing as a Licensee

Hi cannonking, You are right to be cautious. By manufacturing these items under licence you would be liable for secondary infringement (see sections 23 and 24 of the Copyright Designs and Patents Act 1988) if the digital design file was found to be an infringing work. The author of the design file w...
by AndyJ
Mon Nov 22, 2021 4:44 pm
Forum: Copyright Law
Topic: Free Patterns and tutorials
Replies: 2
Views: 124

Re: Free Patterns and tutorials

Hi Sally, It's nice to hear from you again. I don't think you need to worry about copyright in this instance. Althougfh copyright is likely to exist in the template itself, provided it is original (that is, it is product of human creativity and is not itself copied from an earlier work), due to the ...
by AndyJ
Fri Nov 19, 2021 9:33 pm
Forum: Copyright Infringement
Topic: imagerights.com threat, advice needed
Replies: 14
Views: 8601

Re: imagerights.com threat, advice needed

Hi sosij It was worth noting that the link you provided deals with the situation in the USA. There are three majror differences between the UK and the USA when it comes to dealing with alleged copyright infringement. The first is statutory damages. If a work was registered with the US Copyright Offi...
by AndyJ
Wed Nov 17, 2021 9:50 am
Forum: Copyright Infringement
Topic: imagerights.com threat, advice needed
Replies: 14
Views: 8601

Re: imagerights.com threat, advice needed

Hi again skellygeg, If you had been based in the USA, there's a very good chance that their copyright law would have treated this use of the photograph as fair use because it was transformative and your painting in no way affected the photographer's economic rights to market his image. If you were t...
by AndyJ
Tue Nov 16, 2021 9:01 pm
Forum: Copyright Infringement
Topic: imagerights.com threat, advice needed
Replies: 14
Views: 8601

Re: imagerights.com threat, advice needed

Hi skellygeg, To answer your first question, yes I would guess that you are just unlucky that your painting has been singled out, but that's not say that if the creators of the other paintings are in the right jurisdictions, they won't be next. Assuming that you used a substantial part of the origin...
by AndyJ
Thu Nov 11, 2021 5:07 pm
Forum: Copyright Law
Topic: Old Newspapers and old photos
Replies: 21
Views: 23325

Re: Old Newspapers and old photos

Hi shapesoftime, At the time the photgraph was made (c 1936) the term of protection for a photograph was 50 years from the end of the year in which it was made. That period of copyright will thus have ended on 31 December 1986. Subsequent legislation will not have altered this situation, so the phot...
by AndyJ
Thu Nov 11, 2021 4:58 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4349

Re: Night of the Living Dead

Hi Nick, As number6 has already discovered, this ain't a simple area of law where certainty already exists. And as time goes on, so the chance of getting definitive case law also recedes. Legislators are, generally speaking, very bad at dealing with transitional arrangements. Schedule 7 of the 1956 ...
by AndyJ
Thu Nov 11, 2021 3:51 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4349

Re: Night of the Living Dead

Hi Nick, I suppose I should have forseen your reply, having mentioned not opening the photographic can of worms in a previous post! Hitchcock was 'only' the director of The Pleasure Garden , so absolutely nothing to do with copyright attaches to his personal creativity. The film was first released i...
by AndyJ
Thu Nov 11, 2021 12:57 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4349

Re: Night of the Living Dead

Hi Nick, Thanks for correcting my mistake with section 13B(7)! I can't explain why so few American films which are in the public domain there haven't been exploted here. My guess would be that it's too complicated and possibly the economics don't make it worthwhile. Also there may be an issue with g...
by AndyJ
Wed Nov 10, 2021 6:30 pm
Forum: Copyright Infringement
Topic: Copyright infringement advice
Replies: 2
Views: 179

Re: Copyright infringement advice

Hi Eric, I don't think there should be a problem with your doughnuts. Obviously the concept is similar to and possibly inspired by Jake Johnson's work, but ideas on their own are not protected by copyright, just the individual's expression of that idea, so since it doesn't appear that Jake has creat...
by AndyJ
Wed Nov 10, 2021 6:18 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4349

Re: Night of the Living Dead

@ Nick, I understand why you think that, but really when you look at it, both films are equally deserving of a proper copyright term but both have failed to get it under the old US system albeit for different reasons, so why should another country such as the UK think it necessary to provide a bette...
by AndyJ
Wed Nov 10, 2021 4:12 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4349

Re: Night of the Living Dead

Hi number6, I'm not aware of any case which has looked at this subject specifically. If there had been a case it would help to clarify the matter. Neither of the authoriies I mentioned earlier (Laddie, Prescott and Vitoria & Copinger and Skone James) mention a case on the topic so I would be inc...