Using images on website...

'Is it legal', 'can I do this' type questions and discussions.
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Massive Roy
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Using images on website...

Post by Massive Roy » Sun Nov 10, 2013 8:52 pm

Hi guys..

Basically, I am helping a friend build a website, this website is basically going to act as a gateway to all things peppa pig, with the main thing being links to amazon acounts selling peppa pig products, with his money making idea being the amazon affiliate scheme.

now as well as all these links to amazon, there will also be embedded PP videos from youtube, various PP colouring pages and PP games.

I worry though that we are going to be breaking copyright laws by doing this, not to mention using an edited version of the peppa pig logo and using images of PP charecters, and products.

He's convinced as long as we state we dont own the rights to the images and or content that we are safe? I'm however not convinced.

Help please..
Last edited by Massive Roy on Mon Nov 11, 2013 12:12 am, edited 2 times in total.

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AndyJ
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Post by AndyJ » Sun Nov 10, 2013 9:49 pm

Hi Massive Roy,
I don't know if you wanted to be right about this, but you are!

Many of the things you want to do will lead you into problems over copyright, trade marks and passing-off.
Copyright. This applies to all the graphical representations of the Peppa Pig characters and storylines. Copyright also exists in the official videos and in the broadcasts. If the videos on Youtube are unofficially there (put up by fans) then you would be running the risk of secondary infringement by linking to them; embedding the videos in your site would be primary infringement irrespective of whether they were officially placed on Youtube or not. Copyright infringement is known as strict liability, which means that putting disclaimers that you don't intend to infringe have absolutely no effect. I doubt very much that the fair dealing exemption for research or private study would be of any help in fending off an infringement claim.

Trade mark. Using the Peppa Pig trade mark in connection with your activities, which because your site will have links to merchandise on Amazon this would be classed as trading, will also mean you are infringing the trade mark if you do this without a licence, either from the rights owners or their licensed sellers of merchandise. Putting disclaimers on your site would not protect you against being sued by the rights owners.

Passing Off. This could be relatively easily established if the site is dedicated to 'all things Peppa Pig' and this is being done without permission. If you have sufficiently prominent disclaimers you might avert a passing-off claim.

It appears that the copyright and trade marks mentioned above are owned by Astley Baker Davies Ltd while much of the franchising and broadcast rights are owned by Entertainment One Ltd. Since the latter seem to have a department set up for dealing with sub-licensing I suggest this would be the best place to start if you wanted to get authorisation to do want you plan to do. I think that failure to do this will probably lead to a solicitor's cease and desist letter, at the very least. More drastic action could include your hosting service being given notice to close down the site.
Last edited by AndyJ on Sun Nov 10, 2013 11:24 pm, edited 1 time in total.
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Massive Roy
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Post by Massive Roy » Sun Nov 10, 2013 10:06 pm

This is great info thank you, not what I wanted to hear, but what I suspected was the case..

Thank you very much, I will pass this info on immediately..

You first statement suggests I shouldn't have posted this? If this is the case, please feel free to remove the post, I have copied the info you had given.. Thanks again for your help..

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AndyJ
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Post by AndyJ » Sun Nov 10, 2013 11:28 pm

Hi Roy,
No I didn't mean to imply you shouldn't have posted your original question. If you would like it restored, contact the site Admin and see if it can be recovered, as I don't know if this is possible or not.
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

Massive Roy
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Post by Massive Roy » Mon Nov 11, 2013 12:00 am

Oh, my apologies, your edit, Wouldn't be the word "be" would it? I read it again and it makes more sense now. If I can remember what I wrote I'll redo it in the morning.. Failing that, admin can clear this when the have a tidy up.


EDIT - Good old iphone, was able to "back up" enough to see original post.. It's been restored.. And again, thanks!

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AndyJ
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Post by AndyJ » Mon Nov 11, 2013 8:12 am

Hi Roy,
Yes it was the word 'be' which I inserted. Well done for recovering the original text.
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

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