Search found 2166 matches

by AndyJ
Thu Jan 13, 2011 10:55 pm
Forum: Copyright Law
Topic: If a company is defunct, can it's logo be used freely?
Replies: 7
Views: 15871

The easier part to look at is that of trade or service marks, because generally speaking, to gain legal proection they either have to be registered (and you can check databases in the UK and US to see if a trademark is currently registered) or to be in use in a manner where there is current goodwill...
by AndyJ
Thu Jan 13, 2011 8:23 am
Forum: Copyright Law
Topic: If a company is defunct, can it's logo be used freely?
Replies: 7
Views: 15871

Logos can be subject to copyright and trademark law. To gain full protection, trademarks have to be registered in the jurisdiction where protection is sought. Unregistered trademarks can be protected under common law, normally through the tort of passing-off. In the UK registration lasts for 10 year...
by AndyJ
Sun Jan 02, 2011 12:49 am
Forum: Copyright Law
Topic: Using 'Everyday' Quotes For Commercial Gain
Replies: 7
Views: 9586

I can do no better than quote Davey LJ in Walter v Lane: "There is no copyright in a speech although delivered on a public occasion .. it is not disputed in the present case that the thoughts and words of Lord Roseberry's speeches were communicated by him in public, and no question is raised as to t...
by AndyJ
Sun Jan 02, 2011 12:24 am
Forum: Copyright Law
Topic: Company hires freelancer to do website:How owns the c.right?
Replies: 7
Views: 9877

@typonaut. As you will know CDPA s.263(1) provides the following definition: "“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;" It seems relatively clear to me therefore that, in deciding how to apply s.11(2) a court would look to employme...
by AndyJ
Fri Dec 31, 2010 11:39 pm
Forum: Copyright Law
Topic: Using 'Everyday' Quotes For Commercial Gain
Replies: 7
Views: 9586

@Typonaut. When I said Ian Rush's words were not subject to copyright, what I meant was that he (Ian Rush) did not own the copyright in what he had said. This is based on the famous judgement in Donoghue v Allied Newspapers Ltd HC, Chancery Division [1937] 3 All ER 503. * In this case Mr Donoghue wa...
by AndyJ
Fri Dec 31, 2010 11:15 pm
Forum: Copyright Law
Topic: Company hires freelancer to do website:How owns the c.right?
Replies: 7
Views: 9877

Hi Typonaut,
Welcome to the forum. The case I was referring to is Tilson v Alstom Transport [2010] EWCA Civ 1308. The full judgement can be found here: http://www.bailii.org/ew/cases/EWCA/Civ/2010/1308.html
Andy J
by AndyJ
Mon Dec 27, 2010 3:13 pm
Forum: Copyright Law
Topic: Using International brands in India
Replies: 2
Views: 4137

Just to update the OP and any others who are interested in Indian IP matters, there is now a blog on the subject: http://www.sinapseblog.com/
by AndyJ
Wed Dec 15, 2010 7:14 pm
Forum: Music Copyright
Topic: Trademarking a club night
Replies: 1
Views: 9761

Hi Victoria, I think you are wise to protect your 'brand' in any way you can, if you feel that the club management are likely to grab it. Registering a trade mark is relatively straightforward, if you follow the steps on the IPO web site http://www.ipo.gov.uk/types/tm.htm . The biggest drawback is t...
by AndyJ
Mon Dec 13, 2010 10:46 pm
Forum: Copyright Law
Topic: Using 'Everyday' Quotes For Commercial Gain
Replies: 7
Views: 9586

The commercial gain bit is not really relevant, as copyright infringement is not affected by whether copying is done for gain (although any damages might take that factor into account). As for the general principle of using other people's quotations, I think that so long as the quote is just a few w...
by AndyJ
Fri Dec 10, 2010 3:09 pm
Forum: Music Copyright
Topic: Record label name ownership
Replies: 2
Views: 7024

Your record label is best described as a tradename or trademark. Nornally to gain exclusive protection a Trademark needs to registered in the jurisdiction where the protection is wanted. So if you aim to sell your albums in the UK but not on Japan there is little point in registering the record labe...
by AndyJ
Wed Dec 08, 2010 6:31 pm
Forum: Music Copyright
Topic: Filming DJ Set in Nightclub - upload to Youtube ?
Replies: 4
Views: 7761

Hi Steve, I'm sure that using the CC music tracks is a sensible compromise given the aim of the project and the clubs' desire to keep things simple. On the subject of Performer Releases, I can see problems with what you propose. Bear in mind that a music track involves several different forms of cop...
by AndyJ
Wed Dec 08, 2010 9:35 am
Forum: Music Copyright
Topic: Filming DJ Set in Nightclub - upload to Youtube ?
Replies: 4
Views: 7761

Stevem, The concept of incidental inclusion of copyright material is quite tricky, and a court would have to decide on a case by case basis, but I think that a video which featured the DJ (and his music) would not fall into the incidental category because the music is central to what he is doing. A ...
by AndyJ
Wed Dec 08, 2010 8:59 am
Forum: Music Copyright
Topic: music played in clubs while filming
Replies: 3
Views: 5677

Stevem, I have tried to answer this question in the other thread you have posted today.
by AndyJ
Wed Dec 08, 2010 8:55 am
Forum: Copyright Law
Topic: Using International brands in India
Replies: 2
Views: 4137

When you say 'brands' I assume you mean that this Indian company wants to use the name and / or logo of another company on its own products. This would be seen as a breach of several international agreements covering not only copyright but also what is known as 'passing off''. As befits a major emer...
by AndyJ
Tue Dec 07, 2010 7:03 pm
Forum: Copyright Law
Topic: Who own your tweets?
Replies: 3
Views: 5543

Jeanne, I'm not sure how you have reached the conclusions you have about the law being unclear or that this forum's terms and conditions claim copyright. Here is what it says under Legal Notices on the home page: "The copyright belongs to Copyright Aid and other contributing authors." As for your ex...