Search found 2164 matches

by AndyJ
Wed Dec 01, 2010 3:12 pm
Forum: Copyright Law
Topic: Company hires freelancer to do website:How owns the c.right?
Replies: 7
Views: 9779

(This reply was written but not posted, before I saw CopyrightAid's reply - apologies for any overlap in our advice) Your question raises a number of issues. First of all, in common with a number of other technologies, the development of the internet over the past couple of decades has raced ahead ...
by AndyJ
Fri Nov 26, 2010 8:36 am
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 11234

Yes, I would agree that removing the photographer's name does tend to suggest deliberate or reckless infringement, rather than the existence of a prior verbal agreement. If it had been mutually agreed that the photographer would not get a credit, why would he go to the trouble of supplying the image...
by AndyJ
Thu Nov 25, 2010 10:41 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 11234

First of all I suspect, all that guff from the record company is their attempt to distance themselves from any legal action, and probably based on what you have quoted and given some priced legal help, they would probably get out of any claim against them if it went to court. In any case, where ther...
by AndyJ
Thu Nov 25, 2010 7:23 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 11234

I'm not familiar with what mediation services may or may not be available in Australia so I can't offer much specific advice. But generally speaking mediation is designed to be less confrontational than litigation in court which is entirely adversarial, but it does rely on both parties agreeing to t...
by AndyJ
Thu Nov 25, 2010 8:38 am
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 11234

I would forget about the small claims court for the moment, as that assumes there is a contract in place (not necessarily in writing) which is recognised by both parties, and the dispute centres on non-payment of an invoice etc. Because the terms of the contract are disputed, a small claims court is...
by AndyJ
Wed Nov 24, 2010 11:41 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 11234

Wow this is a bit more complicated than your original posting implied! First of all if your friend is based in Australia amd the manager is also based there (and I'm assuming the manager is the person responsible for the alleged misuse of the photographs, at least in the first instance) then the cla...
by AndyJ
Wed Nov 24, 2010 7:21 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 11234

Hi Mr Dooley, Taking your first posting first, this would appear to be a relatively straightforward infringement if the images were used without a licence. Normally a licence should be in written form so as to avoid later disputes about how often and where images can be used. This kind of detail is ...
by AndyJ
Sun Nov 14, 2010 10:18 pm
Forum: Music Copyright
Topic: Filming Live Bands in Pubs and Clubs
Replies: 5
Views: 8243

Hi David, Unfortunately I think you may be wrong, and I apologise for omitting this aspect on my previous reply. Going on the precedent of Youtube, Vimeo etc, I think you will need a licence to put out on the Internet any performance which includes a copyright song which has been legally covered by ...
by AndyJ
Sat Nov 13, 2010 10:35 pm
Forum: Music Copyright
Topic: Filming Live Bands in Pubs and Clubs
Replies: 5
Views: 8243

Hi David, The first thing to say is that you need the permission of the bands you record. They have rights in their performance which includes a say in how recordings of their work may be made available to the public. Since your aim is to help to promote them, this shouldn't be a major issue. But if...
by AndyJ
Thu Nov 04, 2010 10:35 pm
Forum: Copyright Infringement
Topic: Commissioned painting....been reproduced
Replies: 1
Views: 4815

Hi Purplehouse, I'm afraid that the artist owns the copyright in the painting, despite being commissioned by you, and that allows him to sell copies etc of 'your' painting. If it had been a commission to make a photograph for private and domestic purposes (such as a portrait of you to give to your h...
by AndyJ
Wed Nov 03, 2010 7:30 pm
Forum: Music Copyright
Topic: unauthorized youtubes of live performances
Replies: 2
Views: 5034

Hi Linda, I need to preface this reply by saying I am not as up to date on US Intellectual Property law as I am with UK law, so some of my reply may need verification. Performers generally own the rights to their performance, although in certain circumstances, such as recording contracts, they may s...
by AndyJ
Mon Nov 01, 2010 10:59 am
Forum: Copyright Law
Topic: We are worried about having infringed copyright
Replies: 2
Views: 4522

I think that quite a lot depends on the extent to which the design of the original site was copied - or cloned as you put it. The first thing a claimant has to do is prove that infringement has occured. Whilst computer programs can be copyright, it is much less certain whether snippets of HTML and o...
by AndyJ
Sat Oct 30, 2010 8:29 am
Forum: Copyright Law
Topic: Publishing Event Results
Replies: 2
Views: 3789

If as you say you are compiling these results personally from attending the events then there is no copyright issue involved. Your compiled results would attract copyright or database right, as you have expended time and skill in assembling them. I assume that the owners' details are in the programm...
by AndyJ
Thu Oct 28, 2010 8:23 am
Forum: Ownership and Permission
Topic: commercial book based around quotation
Replies: 5
Views: 8266

Different countries implement copyright domestically on slightly different ways, for instance in having different terms for how long copyright exists. But these things are becoming more harmonised, especially within the EU. Most major nations have signed up to one or both of the two main internation...
by AndyJ
Wed Oct 27, 2010 6:31 pm
Forum: Ownership and Permission
Topic: commercial book based around quotation
Replies: 5
Views: 8266

Hi Deepsky, If I have understood you correctly you intend to use this quotation, fully attributed, as a framework from which your own original writing will follow. Assuming that quoting is short and entirely relevant to what you then have to say, I think this use shoould fall within the permitted ac...