Search found 122 matches

by Nick Cooper
Wed Jul 27, 2022 5:22 pm
Forum: Copyright Infringement
Topic: Has my design been substantially copied? Opinion needed
Replies: 5
Views: 283

Re: Has my design been substantially copied? Opinion needed

AndyJ wrote: Mon Jul 25, 2022 10:26 amso it is just the idea which has been copied (assuming there has been any copying).
I would think that it is undoubtedly copying, but clearly whoever is behind the copying has been wise enough to change enough elements to be "different." Then again.... Red Bus...
by Nick Cooper
Mon Mar 21, 2022 2:40 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 79
Views: 10251

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

The settlement we are requesting is not a retrospective license fee, but damages outlined in the law of the Copyright, Design and Patents Act 1988, namely Section 97, part 2: (2) The court may in an action for infringement of copyright award such damages as the justice of the case may require. So b...
by Nick Cooper
Tue Jan 11, 2022 7:02 pm
Forum: Copyright Infringement
Topic: Etsy shop closed by US law firm
Replies: 12
Views: 1408

Re: Etsy shop closed by US law firm

Obviously Etsy is a US website, but is that enough to even give a US court jurisdiction on this matter? As the seller is based in the UK, and the production of the items and the bulk of sales happened in the UK, surely it could only be litigated here? Having a literal handful of US sales doesn't cha...
by Nick Cooper
Sun Jan 09, 2022 8:58 pm
Forum: Copyright Infringement
Topic: Etsy shop closed by US law firm
Replies: 12
Views: 1408

Re: Etsy shop closed by US law firm

redacted info provided... they’ve replied explaining that the hidden info as to who/what I’ve infringed will become available shortly... So they haven't actually explained what it is you are supposed to have done that is an infringement? Have you contacted Etsy to ask what they were told? Surely it...
by Nick Cooper
Thu Jan 06, 2022 2:03 pm
Forum: Copyright Basics
Topic: Dealing with global copyright lengths
Replies: 5
Views: 859

Re: Dealing with global copyright lengths

I believe there's a similar dispute around Sherlock Holmes (a reverse situation where all of Doyle's books are public domain in the UK, but the latter ten aren't in the US). This relates to the last ten short stories (not books),which were published between 1924 and 1927, however eight of them have...
by Nick Cooper
Thu Nov 11, 2021 4:27 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

I'm a little surprised by the notion that a film director would not count as an author under the 1911 Act, not least because it is rare to encounter a film where the director hasn't imposed at least some changes on the script during the filming process. In fact, Laddie et al, at least in the Third E...
by Nick Cooper
Thu Nov 11, 2021 1:29 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

Why would The Pleasure Garden have lapsed in the UK after the end of 1957? The film was released in 1926, but at the time films were protected as dramatic works and as a series of photographs, so either death plus 50 years or creation plus 50 years. The transitional Savings in the 1956 Act (Part II ...
by Nick Cooper
Thu Nov 11, 2021 12:05 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

13B(7) was, of course, only introduced to the 1988 CDPA by the 1995 SI. However, it does leave that glaring anomaly that there are a mass of films that are PD in the US that aren't being exploited as such in the UK. Is this simply a case of nobody wanting to take the risk? I do recall that there was...
by Nick Cooper
Wed Nov 10, 2021 1:57 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

I would tend to agree that if Night of the Living Dead has no copyright in the country of origin, then there is nothing to reciprocate. However, if a film of US origin has lapsed there due to "normal" expiration (i.e. after renewal and thus 56 years), I'm much less convinced that the UK wo...
by Nick Cooper
Sun Nov 07, 2021 9:23 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

This is the US proclamation for 1891 (starts at the bottom of the first page):

https://govtrackus.s3.amazonaws.com/leg ... -Pg981.pdf
by Nick Cooper
Sat Nov 06, 2021 5:34 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

I think we can say at least that if the US PD status is due to expiration (especially - where relevant - after the first 28 year term), it may well still be protected elsewhere in the world. Night of the Living Dead is something of an exception, given its lack of US protection on a technicality. I w...
by Nick Cooper
Fri Nov 05, 2021 10:25 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 79
Views: 10251

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

AndyJ wrote: Mon Oct 18, 2021 3:07 pm The Companies House listing for Permission Machine makes interesting reading.
The accounts certainly are.
by Nick Cooper
Fri Nov 05, 2021 10:16 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

I also need to slightly disagree with the analysis in your second point about copyight in films generally after 1 June 1957. Prior to the 1956 Copyright Act, you are right that the only protection which was available was to the individual elements such as the dramatic work, sound recording, music, ...
by Nick Cooper
Mon Nov 01, 2021 1:11 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 30
Views: 6544

Re: Night of the Living Dead

A very long winded way of saying the film is also definitely in the public domain in the UK. I would have to disagree. In the first instance, the 1891 bilateral agreement between the US and the UK means that UK law treats US works as if they are UK works for copyright purposes. Secondly, the 50 yea...
by Nick Cooper
Wed Jun 02, 2021 9:00 am
Forum: Copyright Law
Topic: Using photograph from 1903 book as illustration in book now
Replies: 4
Views: 1248

Re: Using photograph from 1903 book as illustration in book now

Am I the only one raising an eye-brow at the publishers not being aware that such a photograph would be long out of copyright?!