Copyright Aid

Hi Ken,

There is no legal precedent for 'quoting' a photograph, per Section 30 (1ZA) of the Copyright Designs and Patents Act 1988, so it's hard to be categorical about this. However on balance I think that merely using the images to illustrate a documentary, without some very close link between ...

Hi and welcome to the forum.

Assuming that the copyright in the images has not been transferred to the National Trust, and they don't own an exclusive licence from the copyright owner to exploit them, then they have no right to object to the images being used by third parties. Since the photographs ...

Given some of the 'negotiating' tactics employed by PicRights we have heard about, the next step might well be the threat to hand the matter over their legal advisors, but in essence that does not inevitably mean that court proceedings will ensue. You need to bear in mind that the decision to begin ...

Hi,

Sorry to have missed your earlier posting, I've been away from the forum for a while due to technical issues.

On the subject of admin fees, there is no real guideline. PicRights are being paid by Reuters for their work and so realistically speaking you don't need to also pay them to do the ...

Hi Keith and welcome to the forum,

The use of footbal club names is a tricky area. Obviously we are all able to use the names of clubs, despite them being registered as trade marks, in ordinary conversation or correspondence, as in your question here on the forum. No one would think that that sort ...

Hi Ken,

Good to hear from you again. From what you have said, I can't see any grounds which would support a fair dealing defence. You don't mention if the broadcaster credited you as the author of the images, but if they didn't then their claim to fair dealiing fails at the first hurdle. In your ...

Hi Fred, Good to hear from you again.

Yes I think it would be sensible to assume that in all cases copyright still applies, irrespective of the author, given that Youth Hostelling in the UK is only around 100 years old.

As for Derrick James Boorne himself, there is little doubt that he was ...

There are two scenarios here. The first occurs when you rely on a fair dealing exception for what you want to copy or quote. In that instance you may be required to provide 'sufficient acknowledgement' of the source that you are quoting, copying etc. This doesn't apply to all the fair dealing ...

I think the statement "There is no license history before July 17, 2008" is fairly meaningless beyond the actual statement being made. It implies that copyright exists in the image but that is all you can say, The spelling 'license' suggest this is from an American source, which as I indicated ...

Hi JacquiU and welcome.

Can I start by saying that you are to be commended for being so proactive on this issue.

1. It is difficult to say conclusively one way or the other whether your use is commercial. Clearly the images are used to promote the event, and in theory, at least, more people might ...

You may regret asking your supplementary question. It gets very complicated from here on...

The usual rule which applies to all works subject to copyright is that protection lasts for the lifetime of the author plus 70 years after the end of the year in which they died. However this has not always ...

Hi EkStrod and welcome to the forum,

Once a work is in the public domain because of its age, that is to say the copyright term has expired, you do not need a licence to copy, modify or publish it. So for example, photographs dating back to the 1880s will be in this situation. This applies ...

Hi PR247 and welcome to the forum,

You are right. The claim for alleged infringement should properly be directed at the person or organisation who control the website. They would be responsible for obtaining the requisite licences to use third party images. If that is not you or the management of ...

Thanks for that very full exposition. It would seem that they've decided they have wasted enough time on a case which is clearly, for them, going nowhere, so well done. I think the thing for other people in this situation to note is that you were polite and reasonable throughout. Secondly the tone ...

Hi nomadd and welcome,

Yes that should be OK. Names of people and things like bands are not normally subject to copyright. Similarly titles of books and songs etc are also not usually subject to copyright because they are too short to qualify as original works.

The main issue you face is trade ...