Search found 2005 matches

by AndyJ
Mon Jan 07, 2019 7:33 pm
Forum: Copyright Law
Topic: Use of famous person or character in a novel.
Replies: 6
Views: 702

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

Hi Mr Punch, I don't think the ideas in your book will pose any copyright problems, firstly because your references to relatively trivial aspects of copyright works (eg the fact that Arkwright in Open All Hours had a stammer) go nowhere close to infringement of the programme, and secondly even if yo...
by AndyJ
Mon Jan 07, 2019 9:09 am
Forum: Copyright Law
Topic: Publishing old photographs
Replies: 1
Views: 318

Re: Publishing old photographs

Hi mariner, I think both these sets of photographs are now in the public domain and you can freely use them for your project. The three ebay images would have been covered by section 21 of the 1911 Copyright Act, which meant they would have been protected for 50 years from the date they were made. A...
by AndyJ
Thu Jan 03, 2019 9:04 pm
Forum: Copyright Law
Topic: winning design contests - clents provided with design but I didn't get paid
Replies: 2
Views: 400

Re: winning design contests - clents provided with design but I didn't get paid

Hi nataliemargo, I have briefly looked at Designhill's website and their Terms and Conditions. It is clear that there is no direct contractual relationship between you and the clients, however they may well be still liable for infringement (either of copyright or design right, or both) but it is not...
by AndyJ
Thu Jan 03, 2019 7:29 am
Forum: Copyright Law
Topic: Using the likeness
Replies: 1
Views: 301

Re: Using the likeness

Hi core44d, If you are doing this in the UK then there are no personality rights which would be infringed by this. In over half the states in the USA and around a dozen other countries around the world a person's image (amongst other personal traits) is protected*, somethimes long after the person c...
by AndyJ
Thu Jan 03, 2019 6:57 am
Forum: Copyright Law
Topic: Use of famous person or character in a novel.
Replies: 6
Views: 702

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

Hi Mr Punch, I suppose that, theoretically, if a deceased celebrity was known for endorsing a product (or products) during their lifetime, then using their name in connection with another unauthorised product after their death could give rise to a passing off claim, since goodwill (one of the ingred...
by AndyJ
Wed Dec 19, 2018 8:37 pm
Forum: Copyright Infringement
Topic: Pixsy Email Help
Replies: 15
Views: 1324

Re: Pixsy Email Help

Hi stc, Thanks for your contribution. Because many of my responses here tend to cover the same ground, at times I fail to fully explain all the legal realities which lie behind my comments. I fully recognise Pixsy's role in acting as an agent and claims manager on behalf of busy photographers. The u...
by AndyJ
Wed Dec 19, 2018 1:50 pm
Forum: Copyright Infringement
Topic: Pixsy Email Help
Replies: 15
Views: 1324

Re: Pixsy Email Help

Hi ATMOSBOB, Yes I fully agree that there's nothing to stop a German photographer from launching his own case in the IPEC. My point was that such a course of action is not in Pixsy's interests since they stand to make nothing directly from it. And one imagines that the reason the German photographer...
by AndyJ
Wed Dec 19, 2018 12:28 am
Forum: Copyright Infringement
Topic: Pixsy Claim Letters
Replies: 0
Views: 320

Pixsy Claim Letters

As we have now had a couple of threads relating to letters of claim issued by Pixsy on behalf of their clients, we can expect some new readers who face similar claims to come here via Google. We can also expect Pixsy to monitor the site. Just as we warned in the case of StockFood some time ago, it i...
by AndyJ
Tue Dec 18, 2018 11:04 pm
Forum: Copyright Infringement
Topic: Pixsy Email Help
Replies: 15
Views: 1324

Re: Pixsy Email Help

Hi FowlChr, If you have the name of the photographer, it is definitely worth trying to track him down and do a deal directly. As I have mentioned, only the copyright owner can bring a claim in the UK courts, and this would be administratively more difficult for a photographer based in Germany, and s...
by AndyJ
Tue Dec 18, 2018 9:09 pm
Forum: Copyright Infringement
Topic: Pixsy Email Help
Replies: 15
Views: 1324

Re: Pixsy Email Help

Hi FowlChr, As you may be aware from another thread on these forums, Pixsy is not operating a scam or doing anything illegal. They provide a service to photographers by attempting to obtain payments from those they deem to have in some way infringed their clients' copyright. For this they charge the...
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: 702

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: 2014

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: 23
Views: 1653

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: 23
Views: 1653

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: 23
Views: 1653

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...