Search found 127 matches

by Nick Cooper
Thu Feb 09, 2023 12:29 pm
Forum: Copyright Law
Topic: Using photos from old Public Domain magazines
Replies: 3
Views: 1345

Re: Using photos from old Public Domain magazines

I would have thought that the British magazines will not be public domain in the US, since as foreign works their copyrights would generally have been revived and extended under GATT. It would be content-dependant, so there might be individual articles or photographs that are no longer protected in ...
by Nick Cooper
Thu Jan 26, 2023 11:48 am
Forum: Copyright Law
Topic: Vintage Map "Crown Copyright" Question (UK)
Replies: 4
Views: 1366

Re: Vintage Map "Crown Copyright" Question (UK)

The National Library of Scotland have an extensive collection of OS maps, so you may be able to compare their versions with the street atlas:

https://maps.nls.uk/

The ones to look for would be the 6- or 25-inchs to the mile versions.
by Nick Cooper
Thu Jan 26, 2023 11:43 am
Forum: Copyright Infringement
Topic: Is requesting content breach of copyrighted content?
Replies: 7
Views: 1557

Re: Is requesting content breach of copyrighted content?

This seems to be a very bizarre stretch, because in some circumstances such a enquiry could lead to the perfectly legitimate supply of a copyrighted work. Someone could, for example, ask in a forum if anyone has a particular old film that is not currently available on DVD/BD or any streaming service...
by Nick Cooper
Thu Nov 10, 2022 12:51 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 163
Views: 34572

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

"Moral damages: The creator did not approve this usage and having the image available on your platform opens up the chance for others to use the image illegally." This bit in particular is pure nonsense. An image being used supposedly illicitly has no more or less potential for it to be u...
by Nick Cooper
Mon Nov 07, 2022 10:39 am
Forum: Copyright Basics
Topic: Manuscripts
Replies: 4
Views: 4071

Re: Manuscripts

I believe that US copyright law now protects unpublished works with a 70 year posthumous term (wish we could say the same of the UK!), so if the author of the diary can be identified, and they died before 1952, it will be public domain there.
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: 1466

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: 163
Views: 34572

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: 84
Views: 20412

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: 84
Views: 20412

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: 2046

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: 10322

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: 10322

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: 10322

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: 10322

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: 10322

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