Search found 2063 matches

by AndyJ
Sun Apr 07, 2019 9:22 am
Forum: Copyright Infringement
Topic: I need advice on photo infringement
Replies: 1
Views: 1375

Re: I need advice on photo infringement

Hi schabert, Yes, you can certainly sue for breach of contract, which has resulted in an infringement of your moral right to be credited as the author of the photographs. This is particularly serious because getting a credit (and hence wider exposure) was the sole benefit which you stood to gain fro...
by AndyJ
Fri Apr 05, 2019 8:39 am
Forum: Music Copyright
Topic: Composer split sheet
Replies: 2
Views: 1549

Re: Composer split sheet

Hi musicman2019, Anything to do with royalties and the music business is complicated. And I have to start by saying I don't know all the ins and outs of the music business; for specific advice you may need to go to a lawyer who specialises in the music business. However if you do a search on Youtube...
by AndyJ
Wed Apr 03, 2019 10:10 pm
Forum: Copyright Law
Topic: Changes to Creative Commons
Replies: 8
Views: 1722

Re: Changes to Creative Commons

Hi Lumberjack, I think you are probably over analysing the issue of needing permission to photograph certain objects, such as models of ships or trains. There is a theoretical risk associated with anything which truly qualifies as a work of artistic craftsmanship, where copyright may apply, but in t...
by AndyJ
Wed Apr 03, 2019 11:30 am
Forum: Copyright Infringement
Topic: The Small Clains Track and Copyright infringment:
Replies: 26
Views: 5192

Re: The Small Clains Track and Copyright infringment:

Hi Peter, Glad to hear things are moving forward for you. The 'specified' / 'unspecified' bit refers to whether your claim is for a specific amount, or if you wish to leave this up to the court. In view of the flagrancy involved, I imagine your claim falls in the unspecified category. If in doubt ab...
by AndyJ
Tue Apr 02, 2019 4:03 pm
Forum: Copyright Law
Topic: Changes to Creative Commons
Replies: 8
Views: 1722

Re: Changes to Creative Commons

Hi Lumberjack, The issue of an identifiable person does not arise from copyright law, but from privacy law whereby a person is entitled under Article 8 of the European Convention on Human Rights to a private and family life. The requirement to get releases from identifiable individuals before using ...
by AndyJ
Tue Apr 02, 2019 6:44 am
Forum: Copyright Law
Topic: Changes to Creative Commons
Replies: 8
Views: 1722

Re: Changes to Creative Commons

Just a quick afternote. Of course all of the above has very little to do with Creative Commons, which appears in the title of this thread. The Creative Commons organisation itself is opposed to the Article 17 provisions in the new EU directive because they believe that measures, such as upload filte...
by AndyJ
Mon Apr 01, 2019 7:50 pm
Forum: Copyright Law
Topic: Photographing home-made items
Replies: 4
Views: 1270

Re: Photographing home-made items

Hi Lumberjack, My previous answer was just a statement of the law; I don't think anyone is going to start issuing claims against you for any past actions. And even if they did, you (and others who do this sort of thing) would probably have grounds for opposing a claim due to the exception to copyrig...
by AndyJ
Mon Apr 01, 2019 12:47 pm
Forum: Copyright Law
Topic: Changes to Creative Commons
Replies: 8
Views: 1722

Re: Changes to Creative Commons

Hi Lumberjack, The law hasn't chaged yet. The new EU DIrective has been approved by the European Parliament and it seems likely that the European Council will rubberstamp the decision shortly. However the new provisions need to be transposed into the domestic laws of the 27 member states, and they h...
by AndyJ
Mon Apr 01, 2019 12:24 pm
Forum: Copyright Law
Topic: Photographing home-made items
Replies: 4
Views: 1270

Re: Photographing home-made items

Hi Lumberjack,, Assuming that the models are works of artistic craftsmanship* (which I guess is almost always the case with the ships you are interested in), and they are not on permanent display in a public area, then yes permission should be sought before photographing them. If you are sure that a...
by AndyJ
Wed Mar 27, 2019 8:27 pm
Forum: Music Copyright
Topic: Album Artwork
Replies: 20
Views: 19901

Re: Album Artwork

Hi Photoshoot, I don't think you need to worry about getting permission. Since the people in your photographs are providing a review or critique of why it is their favourite album, the exception in section 30 should apply to your inclusion of the album covers. The details about whether this project ...
by AndyJ
Mon Mar 25, 2019 7:26 pm
Forum: Copyright Basics
Topic: Editorial content that references other works
Replies: 1
Views: 1189

Re: Editorial content that references other works

Hi again cestrian77, It's probably best to split this into two sections, one dealing with copyright, and another on the apparent endorsement aspect. Copyright. Re-quoting short statements, aphorisms or mottos and the like should be OK provided that the use is 'fair', that is to say the original sour...
by AndyJ
Sat Mar 23, 2019 6:52 pm
Forum: Copyright Law
Topic: Re-purposing copyrighted material
Replies: 5
Views: 1307

Re: Re-purposing copyrighted material

Hi FayeFife, Generally speaking manufactured goods like trainers are not subject to copyright (although the design drawings for them may be) because there is no artistic craftsmanship in the industrial process. If you bought a pair of hand-crafted shoes from a traditional shoemaker then it is possib...
by AndyJ
Sat Mar 23, 2019 1:19 am
Forum: Copyright Law
Topic: Re-purposing copyrighted material
Replies: 5
Views: 1307

Re: Re-purposing copyrighted material

Hi Kismet, This has come up a couple of times, but not recently. In theory if you don't actually copy something in order to re-purpose it then you wouldn't be infringing copyright. This is because of something called exhaustion of rights . Briefly this doctrine says that once an item which is subjec...
by AndyJ
Tue Mar 19, 2019 8:50 am
Forum: Copyright Law
Topic: Can I use the environmental sounds of video?
Replies: 1
Views: 741

Re: Can I use the environmental sounds of video?

Hi Mubuer, Yes, the sound track to a video or film is treated as a sound recording which is protected by copyright (see section 5A CDPA). Unlike the older types of copyright work (literature, music, drama and artistic works) sound recordings do not need to exhibit any minimum level of skill or creat...
by AndyJ
Sat Mar 16, 2019 11:17 am
Forum: Copyright Basics
Topic: Commercial use of photos on physical goods
Replies: 3
Views: 806

Re: Commercial use of photos on physical goods

Hi again animalsandplants, I'm afraid I can't give you details of copyright law for every jurisdiction! But since most countries have signed up to the Berne Convention that gives you the basics which will apply virtually worldwide. Secondly I've outlined how various jurisdictions react to the issue ...