Search found 2538 matches

by AndyJ
Fri Jan 21, 2022 11:36 am
Forum: Copyright Law
Topic: Picrights - image purchased from Shutterstock
Replies: 3
Views: 63

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: 2
Views: 21

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: 46

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Hi Steve, Even though the titles may not be published today, it is highly likely that they, and their associated intellectual property, were bought up by other publishers.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: 40

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: 55

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: 55

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: 63

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: 123

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: 83

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...
by AndyJ
Fri Jan 14, 2022 8:01 pm
Forum: Ownership and Permission
Topic: Postcard published for a retailer
Replies: 3
Views: 123

Re: Postcard published for a retailer

Hi northernlight, At a guess I would think the company which published it on behalf of the newsagents is the most likely owner of the copyright. But as you suggest, depending on the contract between the newsagents and the publisher, it is possible that the former as the firm which commissioned the p...
by AndyJ
Wed Jan 12, 2022 9:39 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 27
Views: 2589

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

Hi Sparky, You are right that, if the claim relates to straightforward infringement, the damages likely to be awarded against you will be based on the market rate fee which the photographer has lost out on, in this case the Alamy licence fee. The stuff that they listed are not damages, they are the ...
by AndyJ
Wed Jan 12, 2022 8:54 am
Forum: Copyright Infringement
Topic: Etsy shop closed by US law firm
Replies: 8
Views: 260

Re: Etsy shop closed by US law firm

Hi Nick, I'm not entirely clear about how much or even why the US court is involved at this stage. The problem with the issue of deciding jurisdiction is that it is usually a matter for the first court where the claim is filed to decide if it is the appropriate forum to hear the case. This normally ...
by AndyJ
Tue Jan 11, 2022 10:53 am
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 27
Views: 2589

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

Well, they continue to demonstrate that they have no real grasp of how civil claims in UK are handled. They can't have 'the lost licence fee' and 'the fact that no permission was granted'. If the court finds that infringement occurred, then that is the same as saying no permission was granted, but t...
by AndyJ
Tue Jan 11, 2022 10:28 am
Forum: Copyright Infringement
Topic: Etsy shop closed by US law firm
Replies: 8
Views: 260

Re: Etsy shop closed by US law firm

Hi beezlebomb, It's hard to know exactly what tactics the American law firm may have in mind. Certainly if they chose to sue you in the USA they might expect the court there to order a larger amount of damages, but they would still need to produce credible evidence to support the claim that you have...
by AndyJ
Fri Jan 07, 2022 11:47 pm
Forum: Copyright Basics
Topic: Dealing with global copyright lengths
Replies: 5
Views: 329

Re: Dealing with global copyright lengths

Hi imaginewizard, Yes it's complicated navigating your way around the various national treatments of copyright in the nineteenth and early twentieth century. And just so you are clear, your statement "everything between 1926 and 1978 is copyrighted from publication for 95 [years]" is not q...