Search found 2186 matches

by AndyJ
Fri Aug 07, 2020 7:52 am
Forum: Copyright Infringement
Topic: Notice of Intellectual Property Infringement - Etsy - Art Copyright
Replies: 2
Views: 51

Re: Notice of Intellectual Property Infringement - Etsy - Art Copyright

Hi Tom, It is an internationally accepted principle in copyright law that ideas alone cannot be protected, only the specific expression of an idea which flows from the creative intellect of a person. For this reason facts such as geographical features, dates and historical events are not protected b...
by AndyJ
Sun Aug 02, 2020 8:46 pm
Forum: Copyright Law
Topic: Decoupage using Napkins
Replies: 5
Views: 461

Re: Decoupage using Napkins

Hi again Westcliff, If the artist(s) whose designs/artwork you want to use died over 70 years ago, there will definitely be no infringement of copyright, and it is unlikely that there is any current registered trade mark associated with their names, so you can use their names as descriptors, eg 'sea...
by AndyJ
Sat Aug 01, 2020 7:39 am
Forum: Copyright Law
Topic: Decoupage using Napkins
Replies: 5
Views: 461

Re: Decoupage using Napkins

Hi Westcliff, There shouldn't be any infringement of copyright because you are not copying anything and the doctrine of exhaustion of rights should apply to you re-distributing something that you have bought. I think the only potential risk lies in damage to the artist's moral right not to have her ...
by AndyJ
Mon Jul 27, 2020 7:31 pm
Forum: Copyright Law
Topic: Making face masks out of licenced fabric
Replies: 2
Views: 280

Re: Making face masks out of licenced fabric

Hi tiredfairy, We discussed this topic here a little while ago so take a look at what was said there as that should provide a more complete answer to your questions. But to put it simply, yes, you can do all four things, provided that you avoid calling the face masks Harry Potter masks where money c...
by AndyJ
Sun Jul 26, 2020 11:54 am
Forum: Copyright Basics
Topic: Wikicommons Image - Dust Jacket
Replies: 2
Views: 441

Re: Wikicommons Image - Dust Jacket

Hi gle75, Yes, the Wikimedia Commons assessment about copyright in the USA is correct and the dust cover is therefore in the public domain there. And as a result of section 12(6) of the UK's Copyright, Designs and Patents Act 1988, it is also not protected in the UK either. Here's the text of that s...
by AndyJ
Fri Jul 24, 2020 6:23 am
Forum: Copyright Law
Topic: Links to YouTube
Replies: 3
Views: 327

Re: Links to YouTube

Hi Kurt, Yes, if a copyright owner knows someone else is using their copyright work without permission and does nothing about it, they can forfeit the right to take action at a later stage. The legal term is estoppel , ie the owned is 'stopped' from exercising a right they would normally be able to ...
by AndyJ
Thu Jul 23, 2020 7:39 pm
Forum: Copyright Law
Topic: Links to YouTube
Replies: 3
Views: 327

Re: Links to YouTube

Hi Kurt, Assuming you are based in the UK or the EU (no longer the same thing now!), then linking to copyright works hosted elsewhere is perfectly legal in most circumstances even if the content you have linked to is unauthorised content, as in the case you mention. There a several recent decisions ...
by AndyJ
Thu Jul 23, 2020 7:40 am
Forum: Copyright Basics
Topic: Can this be copyrighted? or do I need to do something else?
Replies: 3
Views: 354

Re: Can this be copyrighted? or do I need to do something else?

Interesting that the solicitor you consulted suggested patents. To claim a patent the invention needs to be new, involve an inventive step and be capable of industrial application; it also cannot fall into one of the excluded classes: these include scientific theories, mathematical methods, aestheti...
by AndyJ
Thu Jul 23, 2020 6:47 am
Forum: Copyright Law
Topic: Old photos/postcards
Replies: 19
Views: 9114

Re: Old photos/postcards

Given all that you have said, it is perhaps not surprising that this hasn't been tested in the courts. Yes. I have never seen a real life instance of anyone claiming this right, let alone litigating over it. There have probably been examples of the use of publication right but they have been portra...
by AndyJ
Wed Jul 22, 2020 9:37 pm
Forum: Other
Topic: Amazon checks on "data-mining"
Replies: 9
Views: 672

Re: Amazon checks on "data-mining"

WebExaminer wrote:
Wed Jul 22, 2020 8:57 am

Which I guess is as good as it's going to get.
I think you are right.
by AndyJ
Wed Jul 22, 2020 9:36 pm
Forum: Copyright Basics
Topic: Can this be copyrighted? or do I need to do something else?
Replies: 3
Views: 354

Re: Can this be copyrighted? or do I need to do something else?

Hi David, Thanks for the explanation and examples. One of the fundamentals of copyright law is that it cannot protect ideas on their own, only the actual expression of the idea. The more detailed and out of the ordinary the expression is, the more likely it is to attract strong protection. Perhaps I...
by AndyJ
Tue Jul 21, 2020 3:47 pm
Forum: Ownership and Permission
Topic: Consent needed form interviewee in article
Replies: 2
Views: 351

Re: Consent needed form interviewee in article

Hi WE, Yes, he is right that, assuming that he quoted the lady verbatim, she is technically the owner of the copyright in the words she spoke. However here is a good example where the quotation exception could be used, provided that you cited the source as something like: Mrs Elsie Barmaid quoted in...
by AndyJ
Tue Jul 21, 2020 3:37 pm
Forum: Copyright Law
Topic: Old photos/postcards
Replies: 19
Views: 9114

Re: Old photos/postcards

Hi pilax, By definition, any photograph which was subject to publication right would be fairly old because the period of copyright in it must have ended for the right to be applicable. This means that there could well be uncertainty about whether or not prior publication had occurred earlier in the ...
by AndyJ
Tue Jul 21, 2020 12:21 pm
Forum: Copyright Infringement
Topic: Website Images Copyright Infringement - Help needed
Replies: 4
Views: 671

Re: Website Images Copyright Infringement - Help needed

Hi again Felix, I'm not surprised by your assessment that your use of the images would appear to be commercial, but I thought I would mention the possibility of it being editorial, because it is not always clear what is meant by editorial. The reason that the stock agencies won't made the images ava...
by AndyJ
Mon Jul 20, 2020 7:51 am
Forum: Copyright Infringement
Topic: Website Images Copyright Infringement - Help needed
Replies: 4
Views: 671

Re: Website Images Copyright Infringement - Help needed

Hi FelixCulpa, No need to apologise for the detail about how and why you come to be in this position. It will be very worrying for you. As you seem to have read the many other threads here which discuss the same issue I won't reiterate what has been said there. Since you haven't been able to find pr...