Search found 2532 matches

by AndyJ
Mon Jan 17, 2022 2:41 pm
Forum: Copyright Law
Topic: Picrights - image purchased from Shutterstock
Replies: 1
Views: 29

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: 79

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: 61

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: 79

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: 26
Views: 2456

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: 223

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: 26
Views: 2456

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: 223

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: 295

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...
by AndyJ
Fri Jan 07, 2022 9:22 am
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 26
Views: 2456

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

Hi Sparky, I can't provide you with legal advice on how you deal with this claim, but I can say that legally speaking, in the UK, you are only liable for an amount of damages based on the loss suffered by the copyright owner* through not selling an appropriate licence to use the image. So the standa...
by AndyJ
Thu Jan 06, 2022 10:29 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 26
Views: 2456

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

Hi Sparky, Most of that is utter nonsense. " An infringement is always classed as flagrant as website owners should know the law of copyright. " That is untrue. Flagrancy only applies where the alleged infringer takes no action to remove the disputed image when first notified about it, or ...
by AndyJ
Thu Jan 06, 2022 9:41 pm
Forum: Copyright Basics
Topic: Dealing with global copyright lengths
Replies: 5
Views: 295

Re: Dealing with global copyright lengths

Hi Nick,

Yes it really was a futile case against Klinger. But the end of the copyright won't mean the end of the estates; they still have loads* of trade marks in their portfolio, and as we know, by carefull management, the life of a trade mark can be indefinite!

* for instance, these.
by AndyJ
Wed Jan 05, 2022 9:06 am
Forum: Copyright Basics
Topic: Dealing with global copyright lengths
Replies: 5
Views: 295

Re: Dealing with global copyright lengths

Hi imaginewizard, I am not surprised you have found this confusing. The simple asnswer is that the law is not settled on this issue. Indeed, no-one can even agree the correct term for the issue, although choice of law is the most widely accepted term. The term Proper Law is also used in this context...
by AndyJ
Wed Jan 05, 2022 7:39 am
Forum: Copyright Basics
Topic: Image use on website
Replies: 10
Views: 2974

Re: Image use on website

Hi mattp PicRights are a legitimate company, although some commentators feel that their business model is pretty unsavory, perhaps on a par with the claims management companies who used to push PPI claims. If you look through some other threads here you will find some photographers who are prepared ...
by AndyJ
Fri Dec 31, 2021 2:25 pm
Forum: Copyright Infringement
Topic: Pixsy Demand - Again!
Replies: 4
Views: 211

Re: Pixsy Demand - Again!

Hi again, Just in case you were thinking of relying on that extract from the Infosoc Directive which you quoted when dealing with Pixsy, you need to know that that paragraph is one of the recitals to the directive, that is to say it is an explanatory preamble, and does not form part of the operative...