Search found 2005 matches

by AndyJ
Sat Dec 15, 2018 5:40 pm
Forum: Copyright Infringement
Topic: Plagiarism of Blog Articles
Replies: 81
Views: 9297

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: 81
Views: 9297

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: 655

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: 655

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: 2980

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: 562

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: 81
Views: 9297

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: 477

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: 434

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: 819

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...
by AndyJ
Mon Dec 03, 2018 9:43 am
Forum: Copyright Law
Topic: Old books and the illustrations therein
Replies: 2
Views: 499

Re: Old books and the illustrations therein

Hi Sally, You are right to be cautious about older works which may still be in copyright due to never having been published with the authorisation of the copyright owner. In cases such as these, copyright could exist until the end of 2039* when, finally, all such works will enter the public domain i...
by AndyJ
Sat Dec 01, 2018 7:31 am
Forum: Copyright Infringement
Topic: Am I Infringing this business's copyright with this?
Replies: 13
Views: 1870

Re: Am I Infringing this business's copyright with this?

Thanks to Nick for pointing out the problem with the URL. For the benefit of others reading this thread, here is the correct link to sam's representation: https://www.facebook.com/photo.php?fbid=2107513045979175&set=gm1905568282825623&type=1&theater . I have also corrected the link where it appears ...
by AndyJ
Sat Nov 24, 2018 10:57 am
Forum: Copyright Law
Topic: Stripes on a Mug
Replies: 4
Views: 706

Re: Stripes on a Mug

Hi Mugman, Yes, I think a load of rubbish about summarises that mail. The second and third links have absolutely no relevance to intellectual property rights and the first is a word mark which I have already covered. Since you are (or were) not describing the items you sold as Cornishware or Cornish...
by AndyJ
Fri Nov 23, 2018 9:39 pm
Forum: Ownership and Permission
Topic: WW2 Naval Publication Maps
Replies: 11
Views: 1561

Re: WW2 Naval Publication Maps

Hi again Sally, The artist who drew the map for the Russian Convoys book probably had some source material, which could have originated from the Admiralty. Have you contacted the Imperial War Museum or the National Archives to see if they have any official material which you could either use as is, ...
by AndyJ
Fri Nov 23, 2018 8:34 pm
Forum: Ownership and Permission
Topic: WW2 Naval Publication Maps
Replies: 11
Views: 1561

Re: WW2 Naval Publication Maps

Hi Sally, Not sure I can help with how to get publishers to respond more quickly but, my feeling is that your request might have gone on the 'too difficult' pile and got forgotten. Too difficult because they probaly have no trace of the records concerning this book, or at least it isn't on their com...