Search found 17 matches

by James9876
Sat Jul 21, 2018 12:27 pm
Forum: Copyright Law
Topic: Images on public blog
Replies: 12
Views: 4376

Re: Images on public blog

Hi Andy, To be honest I think that either method used to display and publish an image on any given webpage is questionable regardless of the rulings mentioned in your other posting. Clearly the criticism, review exception was written at a time when little or no consideration had been given for image...
by James9876
Fri Jul 20, 2018 4:26 pm
Forum: Copyright Law
Topic: Images on public blog
Replies: 12
Views: 4376

Re: Images on public blog

Hi Andy, Yes you are correct, I think I was on the wrong track with the private study/research exemption. Coincidentally, the link I sent in my last post did also include a paragraph on "Criticism, review and reporting current events" which I now agree is the relevant exemption in this case. I still...
by James9876
Fri Jul 20, 2018 9:06 am
Forum: Copyright Law
Topic: Images on public blog
Replies: 12
Views: 4376

Re: Images on public blog

Concentric,

The problem occurs because you wish to ‘publicly’ publish copyrighted works. The exceptions available would not cover this as they are merely intended to protect students from photocopying images for their course work and using the content to debate and critique.
by James9876
Fri Jul 20, 2018 8:57 am
Forum: Copyright Law
Topic: Images on public blog
Replies: 12
Views: 4376

Re: Images on public blog

I have to disagree with Andy on this, from what you have discribed so far, your use of copyrighted works would not be covered by any of the current exceptions. Here is a link with a detailed legal explanation on why. https://www.gov.uk/guidance/exceptions-to-copyright#non-commercial-research-and-pri...
by James9876
Wed Jan 31, 2018 3:51 pm
Forum: Copyright Infringement
Topic: Requirement that right be asserted Section 78
Replies: 1
Views: 2159

Requirement that right be asserted Section 78

In instances where my photographs have been infringed and a credit has not been given, I believe I may also be able to claim damages under section 78 but am confused as to what would be considered a valid assertion of my right in these instances. All my images have my details included in the Metadat...
by James9876
Wed Jan 31, 2018 3:49 pm
Forum: Copyright Infringement
Topic: Small Claims Track maximum claim amount!
Replies: 3
Views: 2679

Re: Small Claims Track maximum claim amount!

Thanks Andy, So it's the predicted value of the claim even if you are asking the court to decide the value of the additional damages. So on that basis, would a value of 100% uplift for the additional damages seem like a reasonable expectation even if its possible it could go much higher than this? O...
by James9876
Tue Jan 30, 2018 6:19 pm
Forum: Copyright Infringement
Topic: Small Claims Track maximum claim amount!
Replies: 3
Views: 2679

Small Claims Track maximum claim amount!

Given the Intellectual Property Enterprise Court Small Claim Track is suppose to "offer a forum with simpler procedures by which the most straightforward intellectual property claims with a low financial value can be decided" I’m struggling to find information on this rather critical point. Given th...
by James9876
Fri Jan 05, 2018 12:52 pm
Forum: Copyright Infringement
Topic: PRE-ACTION CONDUCT AND PROTOCOLS
Replies: 1
Views: 2211

PRE-ACTION CONDUCT AND PROTOCOLS

Hello, I am currently in dispute with a company who has infringed my copyrighted photographs; the company in question have accepted that their use of my images was wrong but are disputing the amount that I am claiming in damages. As I am not legally trained, and I have never issued a claim at the IP...
by James9876
Sun Dec 10, 2017 11:11 pm
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Re: Damages for infringement

Thanks Andy. Ok so my claim is for less than 10K (given it's the court that decides the value of any damages awarded in adition to this) so from this it appears I can claim in the small claims track. I'm still unsure about the damages, am I right to think that this can be awarded so a total sum is a...
by James9876
Sun Dec 10, 2017 8:19 pm
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Re: Damages for infringement

Thanks Fatty, I really appreciate the time both you and Andy have taken to reply so throughly. If I was to make a claim in the small claims track where the usage fee's calculated value was at just below £10K, what happens about damages in this instance? Are the damages treated separately or can the ...
by James9876
Fri Dec 08, 2017 11:39 am
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Re: Damages for infringement

Hi Andy, Yes, but what I'm trying to figure out is would/can the initial figure requested include a percentage of expected or antisipated damages for i.e flagrancy or punitive charges or is this only a decision made by the court. I take on board your comments re terminology, obviously I have a lot t...
by James9876
Thu Dec 07, 2017 9:18 pm
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Re: Damages for infringement

Thanks again Andy, another very informative answer and no doubt, save me a lot of time and energy. I just wanted to ask another question regarding claims for damages. During initial correspondence with an offender, if the matter of a settlement figure is offered in an attempt to conclude matters, is...
by James9876
Thu Dec 07, 2017 6:45 pm
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Re: Damages for infringement

Thanks again Andy. I've identified several cases of infringement in Europe; one in particular that I am investigating is based in Paris. A quick search came up with The European Small Claims Procedure and I wondered if you had any knowledge of this and would this be my best option for claims under €...
by James9876
Thu Dec 07, 2017 12:56 pm
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Re: Damages for infringement

Thanks Andy, I have already read the guide but will have a look at the other documents your referenced. So the only figures I need to provided are the fees I am requesting for the licence of use to date? I then have to decide what damages I am applying for and explain why I see these as appropriate ...
by James9876
Wed Dec 06, 2017 6:44 pm
Forum: Copyright Infringement
Topic: Damages for infringement
Replies: 13
Views: 7229

Damages for infringement

In respect to a claim being made through the Intellectual Property Enterprise Court for damages as a result of a breach of copyright, (for example a photograph has been used on a commercial website or blog without licence or consent been given) how is the figure calculated? I realise the cost will b...