Search found 26 matches

by surfgatinho
Fri Sep 23, 2016 9:24 pm
Forum: Copyright Law
Topic: Another question regarding old postcards info needed thanks
Replies: 4
Views: 3199

Something I have often wondered about old postcards (or photographs) is how the copyright is effected when they are republished, possibly as derivatives. For example, if a collector of old photographs were to publish a book. Would it be legal for someone to scan these photos and repurpose them for t...
by surfgatinho
Fri Sep 23, 2016 9:16 pm
Forum: Copyright Law
Topic: Logo / information use in article on website - Fair dealing?
Replies: 3
Views: 2659

Hi Andy, Many thanks for your reply. Some very interesting stuff there, particularly the "database right" which I hadn't heard of before. Actually the awarding body isn't the MCS - it is the "Green Coast" award. This is somewhat different to the MCS data - whose source data is freely available via t...
by surfgatinho
Thu Sep 22, 2016 8:53 pm
Forum: Copyright Law
Topic: Logo / information use in article on website - Fair dealing?
Replies: 3
Views: 2659

Logo / information use in article on website - Fair dealing?

Hi Andy, Wondered if you might be able to lend me some expertise. I have an article that describes an award and then lists all the beaches which have received this award. The awards are made by a "charity" and are tourism related - so one would assume the more publicity the better. However, I have r...
by surfgatinho
Tue Oct 20, 2015 8:33 pm
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 6273

I replied to Atradius, clearly laying out my case. It seems to have gone over their heads - I think the mention of reverse proxying* to disguise URLs might have done that. Anyway apparently I will be hearing from their legal representatives in due course. Now I'm beginning to enjoy myself! *I actual...
by surfgatinho
Sun Oct 18, 2015 11:48 am
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 6273

Hi Andy, Thanks for the info on dealing with Atradius. I'm not entirely convinced about the licensing argument. A little digging suggests, as far as I can tell, that they do have an some kind of interim license: https://register.fca.org.uk/shpo_searchresultspage?search=atradius Also as they refer to...
by surfgatinho
Sat Oct 17, 2015 9:43 pm
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 6273

Thank you so much for yet another informative reply. I am learning... I have drafted a response to Atradius Collections (Getty's stooges) setting out the legal precedence and telling them to prove infringement or cease their claims. I'd imagine I'd be the last person they would want to take to court...
by surfgatinho
Fri Oct 16, 2015 9:28 pm
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 6273

Andy, Just another quick question: Would unwittingly using an image provided by a third party software solution / database (to advertise their customer's hotel) be counted as secondary infringement? Whilst I recall lack of knowledge not necessarily being a reliable defence I recently read something ...
by surfgatinho
Fri Oct 16, 2015 9:12 pm
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 6273

Hi Andy, Many thanks once again for your help. As you say Getty will not want to fight a case like this for £500 if they are on the wrong side of the legal precedence. And I will try and point this out to them as eloquently as possible along with pointing out exactly where the image resides. Regardi...
by surfgatinho
Fri Oct 16, 2015 10:28 am
Forum: Copyright Infringement
Topic: Getty letter for using image supplied by 'reputable' company
Replies: 9
Views: 6273

Getty letter for using image supplied by 'reputable' company

On a (now defunct) website I run there are hotel listings. The info and photos are supplied by a large, established hotel booking company. It turns out that one of the photos for one of the hotels is a Getty Image. Now, I realise there is such a thing as secondary infringement, and that in some case...
by surfgatinho
Sat Apr 18, 2015 2:53 pm
Forum: Copyright Law
Topic: DMCA - Hosting company refuse to remove infringing image
Replies: 3
Views: 3689

Thanks Andy, I thought I'd correctly understood the DMCA / safe harbor principle correctly, it just struck me that Google were taking a particularly strange position. I.e. admitting knowledge of two identical cases but refusing to act on the third. I have a lot of trouble with Google DMCAs when tryi...
by surfgatinho
Fri Apr 17, 2015 9:19 pm
Forum: Copyright Law
Topic: DMCA - Hosting company refuse to remove infringing image
Replies: 3
Views: 3689

DMCA - Hosting company refuse to remove infringing image

I recently sent a DMCA takedown notice to Google concerning several Blogspot websites (which Google own and host) that were using a photo of mine without permission. They agreed to remove all of them except one giving the following explanation: At this time, Google has decided not to take action. We...
by surfgatinho
Fri Apr 03, 2015 9:28 am
Forum: Copyright Law
Topic: Can I claim to be exclusive license owner of my own photos?
Replies: 4
Views: 3192

The PDF is from the www.legislation.gov.uk site:
http://www.legislation.gov.uk/ukpga/198 ... 048_en.pdf

It says it was amended in 2003, so I guess it would be advisable to cross reference the sections with the 'live' version.
by surfgatinho
Thu Apr 02, 2015 10:42 pm
Forum: Copyright Law
Topic: Can I claim to be exclusive license owner of my own photos?
Replies: 4
Views: 3192

Thanks for another great answer Andy. From what you've said this is actually far more significant than I realised. It would actually be fairly difficult for me personally to prove damages. All my profits are through the company and any paid photographic commissions have always been charged through t...
by surfgatinho
Thu Apr 02, 2015 4:43 pm
Forum: Copyright Law
Topic: Can I claim to be exclusive license owner of my own photos?
Replies: 4
Views: 3192

Can I claim to be exclusive license owner of my own photos?

Hi, A semi-theoretical question and may be not strictly within the realms of copyright law. I take photographs as an individual and post them to the website of a limited company of which I am the sole director. Whilst there is no written license or contract these images are intended for exclusive us...
by surfgatinho
Tue Mar 24, 2015 10:17 pm
Forum: Copyright Infringement
Topic: User generated content
Replies: 9
Views: 4626

Thank you for more great advice Andy. I actually received an email from the infringing party today. It was actually quite shocking how ill-informed they were on IP rights for a company that largely operates online. They actually appear to be under the impression if its on the internet and doesn't sa...