Search found 2164 matches

by AndyJ
Tue Oct 26, 2010 8:42 pm
Forum: Copyright Law
Topic: Reproduction of Renaissance art images
Replies: 2
Views: 5568

This is, in my opinon, one of the slightly counter-productive parts of current copyright legislation. Originally the relatively (by today's standards) short term of copyright was supposed to strike a balance between the author's right to a fair return for his labour, and society's cultural enrichmen...
by AndyJ
Fri Oct 22, 2010 1:55 pm
Forum: Copyright Law
Topic: A derivative image vs. an adaptation
Replies: 3
Views: 10648

The 1988 Copyright Designs and Patents Act only talks about Adaption in relation to certain copyright works. Here's what it says: " 76. Adaptations. An act which by virtue of this Chapter may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an...
by AndyJ
Wed Oct 20, 2010 8:04 pm
Forum: Copyright Law
Topic: Comissioned but not paid
Replies: 2
Views: 4255

This problem concerns two separate parts of the law: Copyright and Contract. As this forum is about Copyright I will concentrate on that aspect. For more detailed advice on the contract side it would be worth contacting the Citizens Advice Bureau, or if you can afford it, a solicitor. I have made a ...
by AndyJ
Wed Oct 20, 2010 7:43 am
Forum: Copyright Law
Topic: Can DVD retailers file DMCA complaints against website?
Replies: 3
Views: 4778

If either you or the DVD retailer were based for business purposes in the USA then maybe the IC 3 would have jurisdiction, but from what you have said so far I'm not clear if there has been any alleged criminal act committed. Although they may be able to advise you on the matter I don't think they w...
by AndyJ
Mon Oct 18, 2010 7:29 pm
Forum: Music Copyright
Topic: Copyright claim of fictional bands?
Replies: 2
Views: 4640

As I said in the introduction to my previous posting, I was not familiar with bands that don't exist. What I didn't realise was that Infant Sorrow was the fictional band featured in the movie Get him to the Greek . (I don't get out much) So the final part of my previous posting actually becomes the ...
by AndyJ
Mon Oct 18, 2010 4:17 pm
Forum: Music Copyright
Topic: Copyright claim of fictional bands?
Replies: 2
Views: 4640

Bands that arem't real? That's a new one on me! You raise an interesting point. Licence collecting societies exist and are authorised under Sections 116 to 123 of the Copyright, Designs and Patents Act 1988), to gather royalties on behalf of their members. But not all artists are members, although o...
by AndyJ
Mon Oct 18, 2010 1:15 pm
Forum: Copyright Law
Topic: who owns copyright of photo of my painting
Replies: 5
Views: 7608

It doesn't need to be a formal contract (although you can download one from here: http://www.own-it.org/contracts/10 if you wish) but it should mention that is an agreement between you and the photographer to assign copyright in exchange for valuable consideration, to you in perpetuity. Both parties...
by AndyJ
Mon Oct 18, 2010 10:25 am
Forum: Copyright Law
Topic: Can DVD retailers file DMCA complaints against website?
Replies: 3
Views: 4778

I'm not quite sure whether you are talking about in the UK/EU or in the USA, as of course DMCA takedown notices only have legal force within the USA. However, whichever it is, both legal systems say that only the copyright owner or their licenced agent may institute civil infringement action, which ...
by AndyJ
Sun Oct 17, 2010 6:30 pm
Forum: Copyright Infringement
Topic: Unwitting copyright contravention
Replies: 10
Views: 9958

Just a quick follow up. I was aware that Getty http://en.wikipedia.org/wiki/Getty_Images#Copyright_enforcement was renown for making, in the opinion of many people, excessive demands where infringement is alleged to have taken place, so I did a bit of hunting around and came up with a few links whic...
by AndyJ
Sun Oct 17, 2010 2:55 pm
Forum: Copyright Law
Topic: who owns copyright of photo of my painting
Replies: 5
Views: 7608

No, that is just commissioning them. For someone to be an employee (for the purposes of Section 11 (2)) they need to be on the payroll, with you paying NI contriutions etc. " [Section 11] (2) Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his...
by AndyJ
Sun Oct 17, 2010 12:17 am
Forum: Copyright Law
Topic: who owns copyright of photo of my painting
Replies: 5
Views: 7608

A photograph of your painting is a copy under the terms of the Copyright, Designs and Patents Act 1988, and if it was done without your permission, it would be an infringement of your rights. But because the photographer is deemed to have exercised skill and creativity in taking the photograph, in m...
by AndyJ
Sat Oct 16, 2010 11:47 pm
Forum: Copyright Law
Topic: Selling Tintin posters
Replies: 4
Views: 6982

So long as you are only framing original posters for onward sale there is no infringement of copyright, because of course you haven't copied anything. Once someone has sold an article to which they own the copyright, or holds a licence to sell the article, they transfer title in the article to the n...
by AndyJ
Sat Oct 16, 2010 4:20 pm
Forum: Copyright Infringement
Topic: Unwitting copyright contravention
Replies: 10
Views: 9958

Glad to have been of assistance. Since you face a tussle with Getty, which may ultimately involve you paying some fee for your unwitting use of their image, you can start from the standpoint that the fee they have asked for is not fair and reasonable. I suspect that it contains a 'punitive' element ...
by AndyJ
Sat Oct 16, 2010 3:02 pm
Forum: Copyright Infringement
Topic: Unwitting copyright contravention
Replies: 10
Views: 9958

You don't mention what Getty said about the alleged infringement, for instance whether they just wanted the image removed or more likely they were seeking a fee for usage. I don't think you need to panic, though. This sounds like a case of primary infringement, namely "issuing a[n infringing] copy t...
by AndyJ
Sat Oct 16, 2010 8:44 am
Forum: Ownership and Permission
Topic: Copyright for quotes used on a commercial website
Replies: 4
Views: 7898

Generally speaking you should be OK if you only quote a a few words or maybe a sentence. This would not be "substantial" enough to be infringement. However there are lots of ifs and buts. Most public figures - politicians, celebrities, pundits etc - will probably be more than happy to be quoted, as ...