Search found 3018 matches

by AndyJ
Fri May 17, 2024 8:33 pm
Forum: Copyright Law
Topic: US Works, shorter term rule, and use in UK
Replies: 3
Views: 61

Re: US Works, shorter term rule, and use in UK

Hi again, You've certainly caused me to scratch my head over your first follow-up question. I think I have the answer but I don't claim to be an expert on US copyright law so I am open to correction if anyone can show that I am wrong. First thing to say is that the US 1909 Copyright Act was created ...
by AndyJ
Thu May 16, 2024 11:42 am
Forum: Copyright Law
Topic: US Works, shorter term rule, and use in UK
Replies: 3
Views: 61

Re: US Works, shorter term rule, and use in UK

Hi Createacopy and welcome to the forum, There are several different aspects to your overall question. Let's start with the doctrine of the shorter term. This came into being with the first Berne Convention of 9 September 1886. You will find it in Article 2 The enjoyment of these rights shall be sub...
by AndyJ
Mon May 13, 2024 7:25 pm
Forum: Copyright Law
Topic: French Mugshot from 1938 Copyright Law
Replies: 1
Views: 48

Re: French Mugshot from 1938 Copyright Law

Hi raphael and welcome to the forum. French law provides for a term of protection for a copyright work of the lifetime of the author plus 70 years* from the end of the year in which he or she died. Obviously the person who took the mugshot is almost certainly dead now, but copyright in their image m...
by AndyJ
Mon May 13, 2024 6:30 pm
Forum: Copyright Infringement
Topic: PicRights (Again), Blogs and Digital Archiving
Replies: 8
Views: 237

Re: PicRights (Again), Blogs and Digital Archiving

Hi PixBunny,

I agree that including the reference to Part 36 does no harm and might make PicRights think about settling now. However, in fact, because a claim of this sort would be allocated to the small claims track of the IPEC, Part 36 does not apply (see Part 27 (rule 27.2 (g)).
by AndyJ
Mon May 06, 2024 10:11 pm
Forum: Copyright Infringement
Topic: fairlicensing@pamediagroup.com - infringement
Replies: 9
Views: 380

Re: fairlicensing@pamediagroup.com - infringement

It sounds as though your use of the image in connection with a piece on your blog about the person in the image would be editorial rather than commercial.
by AndyJ
Sun May 05, 2024 11:11 pm
Forum: Copyright Infringement
Topic: Picrights UK
Replies: 1
Views: 90

Re: Picrights UK

Hi FX Len If you take a look at some of the other threads here involving not just PicRights but the other companies who operate the same sort of operation, you will see that you are right and any damages should be directly related to what the copyright owner has lost because the correct licence was ...
by AndyJ
Fri May 03, 2024 6:51 pm
Forum: Copyright Infringement
Topic: fairlicensing@pamediagroup.com - infringement
Replies: 9
Views: 380

Re: fairlicensing@pamediagroup.com - infringement

Hi again bullnation, No, of course this is not a fair demand and you are right to stick to your intention. They are deliberately confusing two different things: the terms and conditions which might apply if you had obtained a licence from Alamy, and the damages which are applicable in a civil disput...
by AndyJ
Fri May 03, 2024 9:52 am
Forum: Copyright Infringement
Topic: Summons from Illinois for copyright infringement
Replies: 15
Views: 19393

Re: Summons from Illinois for copyright infringement

Hi maryyang and welcome to the forum. You might like to read this other thread which deals with substantially the same kind of claim: https://copyrightaid.co.uk/forum/viewtopic.php?t=3102 Since you are based in Canada you would be better off getting full legal advice from a lawyer there, as they wil...
by AndyJ
Thu May 02, 2024 4:20 pm
Forum: Copyright Infringement
Topic: PicRights (Again), Blogs and Digital Archiving
Replies: 8
Views: 237

Re: PicRights (Again), Blogs and Digital Archiving

You are welcome. The British Mayday Holiday is not until Monday 6th May.
by AndyJ
Wed May 01, 2024 9:41 am
Forum: Copyright Infringement
Topic: PicRights (Again), Blogs and Digital Archiving
Replies: 8
Views: 237

Re: PicRights (Again), Blogs and Digital Archiving

Hi again PixBunny, If the matter went to court (which is highly unlikely) the claimant who made that choice would be the copyright owner and not PicRights. PicRights have no standing to bring a claim to court. That is what I meant about a reasonable claimant. As for the current situation, if you dec...
by AndyJ
Sat Apr 27, 2024 11:41 am
Forum: Copyright Infringement
Topic: PicRights (Again), Blogs and Digital Archiving
Replies: 8
Views: 237

Re: PicRights (Again), Blogs and Digital Archiving

Hi PixlBunny, and welcome to the forum. I am not aware of any specific court case in which a definition of 'digital archive' has been either advanced or approved by a court. Therefore I think that the commonsense interpretation of the words would prevail, that is to say something which has been pres...
by AndyJ
Fri Apr 26, 2024 10:26 pm
Forum: Copyright Law
Topic: making and selling similar products on Ebay
Replies: 2
Views: 137

Re: making and selling similar products on Ebay

Hi racer and welcome to the forum, You don't mention if the caravan accessories company specified what infringement they were alleging, but it probably doesn't involve copyright, since copyright is rarely applicable to manufactured products, as opposed to handcrafted items. So it is more likely they...
by AndyJ
Fri Apr 26, 2024 8:45 am
Forum: Other
Topic: Defendant has failed to file a defence.
Replies: 1
Views: 99

Re: Defendant has failed to file a defence.

You should follow PD 12 and if you specified the amount of damages you are seeking in your claim form, then apply to the court for judgement in default, using Form N205A.
by AndyJ
Thu Apr 25, 2024 4:27 pm
Forum: Ownership and Permission
Topic: Cited in query
Replies: 1
Views: 93

Re: Cited in query

Hi Lynne, Welcome to the forum. If your authors wish to cite their source(s) can they not refer to the original publication rather than an intermediate one which quotes the original? Since this seems obvious I'm sure there is a reason why it isn't possible in your case. If the intermediate source ha...
by AndyJ
Mon Apr 22, 2024 7:21 am
Forum: Copyright Law
Topic: Are Barbie dolls a no-go for commercial art photography?
Replies: 12
Views: 625

Re: Are Barbie dolls a no-go for commercial art photography?

Hi sajah, I'm sorry but I don't know if Mattel would consent to such a licence. It would certainly be worth asking them. And of course if they did agree to grant you a licence you would be protected from any threats, provided that you stayed within the terms of the licence. Again I have no idea whet...