Search found 2085 matches

by AndyJ
Tue Aug 17, 2010 7:59 pm
Forum: Copyright Law
Topic: attorney`s fees
Replies: 3
Views: 3802

Hi Jose, I don't know enough about the detail of how the system on fees etc works in the US to be able to advise you, but there are plenty of websites and blogs run by US attornies who could probably advise you. Here are a couple of places you could try: http://fairuse.stanford.edu/web_resources/web...
by AndyJ
Sun Aug 15, 2010 5:29 pm
Forum: Copyright Law
Topic: attorney`s fees
Replies: 3
Views: 3802

I can do no better than quote the Civil Procedure Rules 1998: “If the Court decides to make an order about costs – (a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but (b) the Court may make a different order.” In other words, if you succe...
by AndyJ
Thu Aug 12, 2010 10:24 pm
Forum: Copyright Law
Topic: Hand painted canvas
Replies: 1
Views: 3068

Clearly if the painting is your property, then you are certainly allowed to sell it. What I assume you asking is,' is there a copyright problem, only if I sell this painting? ' In all probabality the painting would be classed as a derivative work if it was recognisably based on the artwork of an alb...
by AndyJ
Wed Aug 11, 2010 6:05 pm
Forum: Copyright Basics
Topic: Copyright in a published article
Replies: 1
Views: 3684

The publishers are right to say that the typographical layout they produce will attract a separate copyright (Section 8 of the Copyright Designs and Patents Act 1988) and that specific copyright exists for 25 years from the end of the calendar year in which the edition is published (whereas your cop...
by AndyJ
Wed Aug 04, 2010 4:59 pm
Forum: Copyright Infringement
Topic: Copyright infrigement
Replies: 8
Views: 6214

Micheal, I'm pleased you are getting professional advice on this. I know it is expensive but depending on what your lawyer advises about the chances of success, you stand to gain either damages or an account of profits, ie an award based on the profits this person has made from selling your work. Ob...
by AndyJ
Mon Aug 02, 2010 8:05 pm
Forum: Copyright Infringement
Topic: Copyright infrigement
Replies: 8
Views: 6214

Although you mention that this is a matter of copyright infringement, it is also probable that it is one of design infringement. You can pursue the matter under either strand, always assuming that the articles which are the subject of the design have sufficient artistic craftsmanship to attract copy...
by AndyJ
Mon Aug 02, 2010 10:22 am
Forum: Copyright Basics
Topic: Corporate Video
Replies: 1
Views: 3840

You don't need to do anything. Copyright exists at the time something artistic is created. However, there are safeguards which are worth taking. You should make sure that somewhere in the video, amongst the credits there is a copyright notice and the year it was produced. You can use the © symbol, i...
by AndyJ
Sun Aug 01, 2010 10:55 pm
Forum: Copyright Infringement
Topic: Copyright Infringement
Replies: 2
Views: 3855

There are two different aspects to this. Firstly, I assume that although the school report is about you, you didn't actually write any of it. If that is so, you don't have any claim to copyright in it, as although it became your property when the school sent it to you (or more likely your parents) t...
by AndyJ
Sat Jul 31, 2010 3:35 pm
Forum: Copyright Law
Topic: Album titles
Replies: 1
Views: 3953

Generally speaking you should be fine with using titles like American Pie from a copyright point of view because they are two ordinary English words which can naturally go together. A more idiosyncratic title like Sgt Pepper's Lonely Hearts Club Band might be more problematic. You would only run int...
by AndyJ
Sat Jul 31, 2010 8:04 am
Forum: Copyright Infringement
Topic: Fair dealing - non-literal copying
Replies: 8
Views: 15526

As you have already discovered, copyright is only infringed if the work is copied literally or in substantial part. So if this other person has summarised your work in his own words he may not have infringed your copyright. Unfortunately ideas alone cannot be protected by copyright (although they ca...
by AndyJ
Fri Jul 30, 2010 1:51 pm
Forum: Ownership and Permission
Topic: Intellectual Property
Replies: 1
Views: 3737

It's hard to give you specific advice on this without seeing the various contracts of employment etc you had with the 2 different employers, and having more specific details of the work you did which you say was outside your job description. Clearly there will be a boundary between what you did off ...
by AndyJ
Thu Jul 29, 2010 11:05 pm
Forum: Copyright Basics
Topic: Can someone Trade Mark a place name for their product?
Replies: 4
Views: 6667

Section 10(2)(b) of the Trade Marks Act 1994 says infringement also occurs when: " the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, [and] there exists a likelihood of confusion on the part of...
by AndyJ
Thu Jul 29, 2010 6:58 pm
Forum: Copyright Basics
Topic: Can someone Trade Mark a place name for their product?
Replies: 4
Views: 6667

Hi Silas, Glad to see that you have already done your homework on the subject. As you will know (although others may not) the purpose of a Trade Mark is to protect a product or service from being confused in the mind of a consumer with a similar product or service of a rival company. Generally this ...
by AndyJ
Sat Jul 24, 2010 9:56 am
Forum: Copyright Law
Topic: Bit of advice please?
Replies: 2
Views: 3395

Assuming that the poetry is still in copyright, then you would need the author's permission. As a rough guide, if the author died more than 70 years ago, for instance like John Yeats, then his work will no longer be in copyright.
by AndyJ
Fri Jul 23, 2010 6:52 pm
Forum: Other
Topic: IPR and copyright
Replies: 2
Views: 4527

Hi Andrew, I'm not clear what you mean by reverse engineering one of your designs. Has someone taken a physical article apart to discover the internal parts, from which they have made design drawings? Just so we are clear, there are several different forms of IPR protection which may be applicable h...