Search found 2152 matches

by AndyJ
Thu Apr 16, 2020 3:40 pm
Forum: Copyright Law
Topic: Copyright on old B&W photos and selling a colourised version
Replies: 4
Views: 1075

Re: Copyright on old B&W photos and selling a colourised version

Hi Dennis, I'm glad you are somewhat re-assured. The fact that your designer is Austrian means that EU law will prevail, which is pretty much as I described it earlier, namely that a work can only attract copyright if it contains evidence of the author's own intellectual creativity*. To that extent ...
by AndyJ
Sun Apr 12, 2020 10:45 pm
Forum: Copyright Law
Topic: Copyright on old B&W photos and selling a colourised version
Replies: 4
Views: 1075

Re: Copyright on old B&W photos and selling a colourised version

Hi Dennis I'm making a couple of assumptions here. First that the original photograph was created in the UK or that the photographer was a UK citizen (I know the photographer is unknown, but the subject matter may indicate where the image was created). And secondly, that the graphic designer who col...
by AndyJ
Wed Mar 25, 2020 7:08 pm
Forum: Copyright Law
Topic: Using "slavish" reproductions from Auction House
Replies: 1
Views: 1227

Re: Using "slavish" reproductions from Auction House

Hi James, Following on from your posting in October 2019, I believe you are based in the UK and that any sales of your prints would be from the UK. Therefore I don't think you can rely on the Bridgeman decision as that occurred in the USA (the Southern District of New York to be precise). We haven't...
by AndyJ
Tue Mar 17, 2020 12:44 am
Forum: Copyright Law
Topic: Decoupage using wrapping paper
Replies: 1
Views: 1351

Re: Decoupage using wrapping paper

Hi Kfg

Yes, you should be fine doing this. Check some of the other threads here where we discuss using print fabrics. Much the same principles apply to wrapping paper.
by AndyJ
Sat Mar 14, 2020 10:05 pm
Forum: Copyright Law
Topic: Fabric Copyright
Replies: 18
Views: 12208

Re: Fabric Copyright

Hi Linda and Paul, There are no copyright implications in what you want to do because you are not copying anything, and something called the doctrine of exhaustion means that a copyright owner has no right to prevent the onward distribution of a work of theirs which has been legally acquired. The on...
by AndyJ
Mon Mar 09, 2020 7:16 am
Forum: Copyright Law
Topic: Personalizing To A Branded Product
Replies: 1
Views: 1369

Re: Personalizing To A Branded Product

Hi Jac, There are two separate parts of intellectual property law we need to consider here. The first is trade mark law. A trade mark like the word Cadburys (and indeed roughly 1000 other word and figurative marks owned by Cadbury Ltd UK, including at one time*, the purple colour associated with Cad...
by AndyJ
Tue Mar 03, 2020 1:04 pm
Forum: Copyright Law
Topic: Is it legal to quote in a book?
Replies: 12
Views: 9044

Re: Is it legal to quote in a book?

Hi Mr Punch, Titles of books or songs are usually treated as not being subject to copyright because they are either too short* (say, fewer than 6 words) or unoriginal, or both. So on that basis I don't think there is any risk in using song titles in this way, and because this is not fair dealing you...
by AndyJ
Mon Feb 24, 2020 10:22 am
Forum: Copyright Law
Topic: Old photos/postcards
Replies: 13
Views: 6772

Re: Old photos/postcards

Hi zxzoomy, Yes, copyright can be inherited and follows the normal rules on inheritance. So for instance a person can bequeath his/her copyright to a named individual in their will, or if no such bequest is made, then the copyright forms part of the main residual estate and passes to the main benefi...
by AndyJ
Fri Feb 21, 2020 11:25 am
Forum: Copyright Law
Topic: Can I do this
Replies: 2
Views: 1750

Re: Can I do this

Hi Ian, Welcome to the forums. It is less likely that copyright will be an issue since the shape of practical objects is usually not protected by copyright. There is one exception which I will cover at the end. The main right which might come into play is design right. This comes in two main varieti...
by AndyJ
Wed Feb 19, 2020 3:52 pm
Forum: Copyright Law
Topic: Old photos/postcards
Replies: 13
Views: 6772

Re: Old photos/postcards

Hi zxzoomy, We need to differentiate between copyright in the photograph and copyright in the published edition. Let's do that in reverse order. UK copyright law gives a special form of copyright to the publisher of the first edition of a typographical layout. You can find the details about this in ...
by AndyJ
Mon Feb 17, 2020 6:18 pm
Forum: Copyright Law
Topic: Arthur Waite/ Pamela Coleman Smith Cards
Replies: 15
Views: 4742

Re: Arthur Waite/ Pamela Coleman Smith Cards

Hi Helen, I'm sorry to hear you have had no luck with contacting the barrister Christopher Semken. I believe that going through his old chambers still presents the best chance of contacting him. Try phoning again and ask to speak to Chambers Manager Kerry McLean. If you can speak to Mr McLean, expla...
by AndyJ
Thu Feb 13, 2020 9:56 pm
Forum: Copyright Law
Topic: Epigraph vs quote in box
Replies: 5
Views: 2279

Re: Epigraph vs quote in box

Tom, just a quick follow-up on my last posting, since I can see that this topic is important to you. One of the problems we have with the general issue of quotation per se is that it is new (incorporated into UK law in 2014) and the boundaries of this specific topic have not been tested in the court...
by AndyJ
Thu Feb 13, 2020 12:59 pm
Forum: Copyright Law
Topic: Epigraph vs quote in box
Replies: 5
Views: 2279

Re: Epigraph vs quote in box

Hi Tom, I'm not sure how much reliance one can put on what publishers think is required. The law certainly doesn't consider prominence as a factor in deciding whether something is fair dealing or not. Equally, word count is also irrelevant (despite what I know some publishers like to maintain). What...
by AndyJ
Wed Feb 12, 2020 4:09 pm
Forum: Copyright Law
Topic: Epigraph vs quote in box
Replies: 5
Views: 2279

Re: Epigraph vs quote in box

Hi teepee, I don't think putting a quotation in a box or giving any other sort of prominence alters the fair dealing exception. The reason for quoting someone else's words is generally because they have said something profound or informative, and the reason we credit the author is to give the words ...
by AndyJ
Sun Feb 02, 2020 5:23 pm
Forum: Copyright Law
Topic: Photo copyright 1945 - 1957
Replies: 17
Views: 3522

Re: Photo copyright 1945 - 1957

Hi pilax, You are absolutely right to be confused! While my previous answer was correct as far as it went, it did not go far enough. I completely neglected to add the part you quoted about the effect of the EU Term Directive. As you have identified, this radically altered the position for any photog...