Creative Commons

If you are worried about infringement or your work has been copied and you want to take action.
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Creative Commons

Post by keith_12345 » Sat Aug 05, 2017 12:27 pm

If a Creative Commons work that you reuse infringes copyright, do you break the law?
Last edited by keith_12345 on Sat Aug 17, 2019 8:41 pm, edited 2 times in total.

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Post by AndyJ » Sat Aug 05, 2017 12:37 pm

Hi keith,

Yes, it doesn't matter whether a work has a CC licence attached to it or not: if it contains infringing material then anyone who copies it with the good faith belief that they are allowed to do so, may nonetheless be liable for secondary infringement. That said, such a person would usually have a good defence if they were to be sued and should normally escape paying damages, provided they had no reason to suspect the validity of the CC licence.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007


Post by keith_12345 » Sat Aug 05, 2017 12:41 pm

Last edited by keith_12345 on Sat Aug 17, 2019 8:23 pm, edited 2 times in total.

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Re: Creative Commons

Post by Fatty » Mon Nov 20, 2017 12:20 am

I would disagree with Andy J there. Assuming this is the usual case of an image copied on to a website by the defendant then it would be a primary infringement.

Secondly the 97(1) defence of not knowing is not knowing that copyright subsisted in the work which is very different from not knowing whether a licence was valid or not. A section 97(1) defence would be appropriate with a historic image, for example if you have a picture of Abraham Lincoln enjoying a night in a there you could please a 97(1) defence, however in the circumstances here it would fail.

Suitable case law would be David Hoffman vs Drug Abuse Resistance Education (UK) Ltd [2012] EWPCC 2 which you can find on bailii.

If the defendants are liable then the court must award at least the normal licencing price of the work in questions due to the Directive 2004/48/EC of the European Parliament and of the council of 29 April 2004 on the enforcement of intellectual property rights.

In the circumstances above the invalid CC licence may however protect the user from additional damages for Flagrancy pursuant to section 97(2)

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