Search found 1980 matches

by AndyJ
Tue Dec 18, 2018 4:49 pm
Forum: Copyright Law
Topic: Use of famous person or character in a novel.
Replies: 6
Views: 268

Re: Use of famous person or character in a novel.

Hi Mr Punch, I'm not entirely clear about how you intend to 'use' these people (apart from statues of them falling on other people). Let's deal with real people, both living and dead first, then fictional characters. Real people. In most cases we in the UK are really only concerned with the rights o...
by AndyJ
Tue Dec 18, 2018 3:52 pm
Forum: Copyright Law
Topic: Is it legal to quote in a book?
Replies: 9
Views: 1487

Re: Is it legal to quote in a book?

Hi Mr Punch, Somewhat amusingly, you have answered your own question by actually quoting the passage you want use! There's no practical difference between quoting something here on a forum and quoting it in book. The answer is yes, that quotation would most certainly qualify for the fair dealing exc...
by AndyJ
Tue Dec 18, 2018 12:43 pm
Forum: Copyright Infringement
Topic: The Small Clains Track and Copyright infringment:
Replies: 18
Views: 398

Re: The Small Clains Track and Copyright infringment:

Hi Peter, Yes that statement from your contact at the Centenary Reference Group would certainly assist your case, as it is evidence that -?- (as we may call him) clearly acknowledged that he was copying your work. It is also useful as it tends to establish that he copied the entirety of your databas...
by AndyJ
Tue Dec 18, 2018 9:25 am
Forum: Copyright Infringement
Topic: The Small Clains Track and Copyright infringment:
Replies: 18
Views: 398

Re: The Small Clains Track and Copyright infringment:

Hi Peter, Thank you for all the extra detail about this project to which you and your late father have obviously devoted so much time and effort. From that informtion it is even clearer that database right is an appropriate basis for your claim. Although copyright is ideal for protecting works such ...
by AndyJ
Mon Dec 17, 2018 8:49 pm
Forum: Copyright Infringement
Topic: The Small Clains Track and Copyright infringment:
Replies: 18
Views: 398

Re: The Small Clains Track and Copyright infringment:

Hi Peter, I think it is fairly rare to get such a blatant example of infringement. I'm not sure what advice you are seeking. I assume you have read the advice on the www.gov.uk/ipo web pages and obtained a copy of the guidance notes for using the IPEC Small Claims court. Having read what you are see...
by AndyJ
Sat Dec 15, 2018 5:40 pm
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 61
Views: 6014

Re: Plagiarism of Blog Articles

Hi Ann, Yes, Section 77 of the Data Protection Act 2018 says, in effect, that personal data should not be transferred to a third party unless this is 'strictly necessary' for one of the defined purposes. Although Section 76(4) speaks about a transfer being "necessary for the purpose of, or in connec...
by AndyJ
Sat Dec 15, 2018 4:11 pm
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 61
Views: 6014

Re: Plagiarism of Blog Articles

Hi Ann, Thanks for the update. It must be a relief to see some progress at last. I'm not familar with the case of Unilever PLC v Pak Supermarket [2016] EWHC 3846 IPEC (which doesn't appear on BAILII) but I think that it will probably have involved the defendant filing a defence late together with a ...
by AndyJ
Wed Dec 12, 2018 12:59 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 324

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Hi Fatty, You may have misunderstood the point I was making. I have no quibble with the fact that the defendants clearly had no real defence and therefore even if they had attended the hearing, the outcome over liability was unlikely to have been any different. I don't know if you have attended cour...
by AndyJ
Tue Dec 11, 2018 9:09 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 324

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Hi Fatty, Once again, a word of caution about relying on the results of individual cases. While Mr Webb is to be congratulated for successfully bringing this case (his second before the IPEC), in this instance the defendant was not represented in court and the entire trial lasted a mere 45 minutes. ...
by AndyJ
Tue Dec 11, 2018 8:52 pm
Forum: Copyright Infringement
Topic: Pixsy.com email re use of photo on website demanding fee
Replies: 16
Views: 1813

Re: Pixsy.com email re use of photo on website demanding fee

Hi Fatty, Thanks for your comments here and elsewhere on the forums today. Just a couple of clarifications. With regards to Pixy being a scam, while I have not made a full investigation to check that the firm is bona fide, I have seen no evidence at all that it is. They have a website and they publi...
by AndyJ
Mon Dec 10, 2018 2:48 pm
Forum: Ownership and Permission
Topic: Postcard image: oil painting
Replies: 3
Views: 237

Re: Postcard image: oil painting

Hi Helen, It is certainly a little confusing that the caption says that the painting is 'after' JMW T, but the attribution by the publisher is to the great man himself. This is unfortunate because if there was a single attribution which just noted that Turner was the artist, section104(2) would have...
by AndyJ
Sat Dec 08, 2018 6:55 am
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 61
Views: 6014

Re: Plagiarism of Blog Articles

Hi Ann, Yes, evidence from the Wayback machine (the Internet Archive.org) has been used in many previous cases* in the UK. That said, if the defendant is saying that you previously offered the article for free, the onus is on him to provide evidence to support that statement, not the other way round...
by AndyJ
Thu Dec 06, 2018 9:20 pm
Forum: Copyright Law
Topic: Clarification requested please
Replies: 2
Views: 220

Re: Clarification requested please

Hi JC, Your last paragraph accurately sums up the situation. The separate items which make up the content of magazines (text, pictures, adverts etc) are individually all protected under the relevant heading of literary or artistic works, and in general this protection will last for the lifetime of t...
by AndyJ
Thu Dec 06, 2018 4:05 pm
Forum: Ownership and Permission
Topic: Quoting TED Talk
Replies: 2
Views: 212

Re: Quoting TED Talk

Hi teepeemckay, What you propose should not need permission as it will fall within the exception for quotation (section 30(1ZA) Copyright Designs and Patents Act 1988). Although this is a UK/EU exception, something very similar applies under the US doctrine of fair use. Effectively this shoulld mean...
by AndyJ
Thu Dec 06, 2018 1:10 am
Forum: Ownership and Permission
Topic: Postcard images and content
Replies: 5
Views: 303

Re: Postcard images and content

Hi HelenBee, There are two separate aspects to your question: copyright and privacy/personal data. I'm not sure why Francis Frith are saying that a postcard which is over 70 years old is OK. Assuming that the image on the card is a photograph, then as you will have seen from other threads on that su...