Search found 26 matches

by Fatty
Wed Dec 12, 2018 5:45 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 315

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Andy J, I understand what you are saying, however I should point out that the court don't just rubber stamp whatever additional damages the claimant is asking for. Additional damages are always an amount decided by the court and they take that role seriously, this is why there is a quantum hearing e...
by Fatty
Wed Dec 12, 2018 11:51 am
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 315

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Its true that the defendant did not appear in court in person, however that is the beauty of the Small Claims Track, neither claimant nor defendant needs to appear, you can have your arguments heard on paper. With trainfares sometimes costing over 300 GBP and the value of a lost days work, sometimes...
by Fatty
Tue Dec 11, 2018 1:46 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 315

Court awards damages of £2851.42 for unlawfully using one image on a website

A small claims case at the Intellectual Property Enterprise Court ( IPEC ) has been published. Normally small claims track judgements are not published and so its rare to actually see in black and white the sort of decisions made by the court. Apparently the photographer concerned went to great effo...
by Fatty
Tue Dec 11, 2018 1:24 pm
Forum: Copyright Infringement
Topic: Pixsy.com email re use of photo on website demanding fee
Replies: 16
Views: 1777

Re: Pixsy.com email re use of photo on website demanding fee

Andy J , yes there are some historical exceptions to the general rule that copyright extends to 70 years from the authors death, however I don't think this will help much here. Unless I am searching specifically for a historic image, almost all the images I see in online searches are digital images ...
by Fatty
Tue Dec 11, 2018 12:30 pm
Forum: Copyright Infringement
Topic: Stockfood
Replies: 21
Views: 7728

Re: Stockfood

I agree with much of what Andy J says however I disagree where he says "If you obtained the disputed image from a legitimate source and you can prove this, then this may provide a defence, and liability for primary infringement (if it exists) passes to the person who supplied the image to you." If y...
by Fatty
Tue Dec 11, 2018 12:03 pm
Forum: Copyright Infringement
Topic: Am I Infringing this business's copyright with this?
Replies: 13
Views: 1270

Re: Am I Infringing this business's copyright with this?

I have read all the posts, viewed the two images, and have to concur entirely with everything And J has said. I see only a vague similarity between the two images. You need to read the Temple Island v New English Teas Judgement Andy linked earlier. If they had evidence that you actually set out to c...
by Fatty
Tue Dec 11, 2018 11:45 am
Forum: Copyright Infringement
Topic: Timescales for IPEC Small Claims Track Cases
Replies: 8
Views: 420

Re: Timescales for IPEC Small Claims Track Cases

Your experiences mirror all the other users I know of. The Court bureaucracy runs at glacial speed. Once a claim is served, they have 14 days to issue an acknowledgement of service and if they do that they have a little more time ( off the top of my head 28 days) If they fail to do this, then you ca...
by Fatty
Wed Oct 24, 2018 1:38 pm
Forum: Copyright Infringement
Topic: Pixsy.com email re use of photo on website demanding fee
Replies: 16
Views: 1777

Re: Pixsy.com email re use of photo on website demanding fee

The comments about Google are interesting. In the UK , underneath the images in image search Google says images "may" be subject to copyright. Interestingly if you search with a local IP address in google.de Google says images are "generally" protected by copyright law which is much nearer the truth...
by Fatty
Mon Aug 06, 2018 5:26 pm
Forum: Copyright Infringement
Topic: Losing the proof of permission
Replies: 2
Views: 895

Re: Losing the proof of permission

As Andy say, you need to show you had permission to use the image or you will not be able to defend an infringement claim. Are you sure you bought the image from a genuine company? There are many fake companies out there that purport to give Licence for work that they don't actually own or have perm...
by Fatty
Mon Aug 06, 2018 5:18 pm
Forum: Copyright Infringement
Topic: Copyright Infringement Legal Notification
Replies: 7
Views: 1601

Re: Copyright Infringement Legal Notification

I agree with most of what Andy J has said above. I would be very careful to check the claim is genuine. Check that the solicitor really is a Solicitor and if he is, ask to see the evidence and the evidence of copyright ownership. In the case of a professional photographer, they earn their living by ...
by Fatty
Mon Aug 06, 2018 4:42 pm
Forum: Copyright Infringement
Topic: About aftermarket car parts
Replies: 3
Views: 1063

Re: About aftermarket car parts

As well as the Trade Mark considerations, make sure you have permission from the Copyright Holder to use any images such as the above. Be especially careful If you are importing from a country where copyright is not widely respected. If they say you can use the image and it turns out they are not th...
by Fatty
Mon Aug 06, 2018 4:30 pm
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 61
Views: 5954

Re: Plagiarism of Blog Articles

With regards to litigation being expensive, that is relative to the amount claimed. Litigation through the IPEC small claims track is a DIY job and does not need a solicitor. The costs for issuing the claim are here- https://www.gov.uk/make-court-claim-for-money/court-fees For claims up to up to £30...
by Fatty
Fri May 11, 2018 11:58 am
Forum: Copyright Infringement
Topic: Sued for copyright infringement
Replies: 20
Views: 4161

Re: Sued for copyright infringement

I won't argue about vicarious liability as there is plenty of case law on the subject and my interest is more in copyright law and your discussion of primary and secondary infringement is most interesting. We are all somewhat disadvantaged because most England and Wales cases of this nature involvin...
by Fatty
Thu May 10, 2018 8:06 pm
Forum: Copyright Infringement
Topic: Newspaper conviction reporting - google copyright
Replies: 2
Views: 1282

Re: Newspaper conviction reporting - google copyright

Andy Js advice is good, you can certainly put in a claim for damages. Depending on the circumstances you might want to be more adventurous with your claim than 200 GBP. In this case https://www.legalcheek.com/2018/02/two-wrongs-dont-make-a-copyright-how-i-took-on-the-daily-mail-and-won/ the claimant...
by Fatty
Thu May 10, 2018 6:29 pm
Forum: Copyright Infringement
Topic: Sued for copyright infringement
Replies: 20
Views: 4161

Re: Sued for copyright infringement

I have to say I disagree with Andy J on this being a secondary infringement. The operator of the website is the person who is communicating the work to the public and therefore in breach of section 20. Furthermore if your friend employs a web designer to build the website on their behalf they are vi...