Search found 2192 matches

by AndyJ
Fri Aug 14, 2020 11:03 am
Forum: Copyright Infringement
Topic: Pixsy.com alleging copyright infringement
Replies: 7
Views: 90

Re: Pixsy.com alleging copyright infringement

Hi Seb, Thanks for the link to Pixsy's academy. I hadn't seen that before. I love how they portray hotlinking as morally unethical and an anomaly in the law, while at the same time making claims for unreasonable amounts of money, unrelated to the actual market value of the images concerned. Not sure...
by AndyJ
Fri Aug 14, 2020 10:10 am
Forum: Copyright Law
Topic: Aftermarket car parts that have logo
Replies: 2
Views: 32

Re: Aftermarket car parts that have logo

Hi Uzi1, There are three separate aspects to this: copyright in certain emblems such as the manufacturer's logos, design right in the parts themselves and registered trade marks associated with the emblems and words associated with the make and model of car concerned. There have been quite a few cou...
by AndyJ
Thu Aug 13, 2020 11:03 pm
Forum: Copyright Infringement
Topic: Pixsy.com alleging copyright infringement
Replies: 7
Views: 90

Re: Pixsy.com alleging copyright infringement

Hi again Seb, While your situation may not be identical to Svensson , it is to another CJEU case known as Bestwater , where the issue was about a framed image* which describes your situation. I didn't mention it before because it didn't seem relevant. Unfortunately there is no English version of the...
by AndyJ
Wed Aug 12, 2020 8:21 pm
Forum: Copyright Infringement
Topic: Pixsy.com alleging copyright infringement
Replies: 7
Views: 90

Re: Pixsy.com alleging copyright infringement

Hi Seb, I think what you propose to do is probably the right response. Companies like Pixsy don't tend to have in-house legal teams and are probably not that clued up about the ramifications of court decisions like Svensson and GS Media. They are looking for quick-turnaround payments by people who a...
by AndyJ
Tue Aug 11, 2020 11:01 pm
Forum: Copyright Law
Topic: artworks
Replies: 1
Views: 52

Re: artworks

Hi DOR There are two separate answers to this particular question. First, legally speaking I don't think there are strong grounds for claims of copyright infringement by reproducing the scenes or clothing which has appeared in cartoons. This is because the law says infringement only occurs where a s...
by AndyJ
Tue Aug 11, 2020 10:20 pm
Forum: Copyright Infringement
Topic: Pixsy.com alleging copyright infringement
Replies: 7
Views: 90

Re: Pixsy.com alleging copyright infringement

Hi Seb99, Thank you for providing all the details. From what you have told us we can be reasonably confident that under EU law you are not liable for any infringement. This is based on two important decisions by the Court of Justice of the European Union known as Svensson and GS Media . The Svensson...
by AndyJ
Fri Aug 07, 2020 7:52 am
Forum: Copyright Infringement
Topic: Notice of Intellectual Property Infringement - Etsy - Art Copyright
Replies: 2
Views: 108

Re: Notice of Intellectual Property Infringement - Etsy - Art Copyright

Hi Tom, It is an internationally accepted principle in copyright law that ideas alone cannot be protected, only the specific expression of an idea which flows from the creative intellect of a person. For this reason facts such as geographical features, dates and historical events are not protected b...
by AndyJ
Sun Aug 02, 2020 8:46 pm
Forum: Copyright Law
Topic: Decoupage using Napkins
Replies: 5
Views: 508

Re: Decoupage using Napkins

Hi again Westcliff, If the artist(s) whose designs/artwork you want to use died over 70 years ago, there will definitely be no infringement of copyright, and it is unlikely that there is any current registered trade mark associated with their names, so you can use their names as descriptors, eg 'sea...
by AndyJ
Sat Aug 01, 2020 7:39 am
Forum: Copyright Law
Topic: Decoupage using Napkins
Replies: 5
Views: 508

Re: Decoupage using Napkins

Hi Westcliff, There shouldn't be any infringement of copyright because you are not copying anything and the doctrine of exhaustion of rights should apply to you re-distributing something that you have bought. I think the only potential risk lies in damage to the artist's moral right not to have her ...
by AndyJ
Mon Jul 27, 2020 7:31 pm
Forum: Copyright Law
Topic: Making face masks out of licenced fabric
Replies: 2
Views: 308

Re: Making face masks out of licenced fabric

Hi tiredfairy, We discussed this topic here a little while ago so take a look at what was said there as that should provide a more complete answer to your questions. But to put it simply, yes, you can do all four things, provided that you avoid calling the face masks Harry Potter masks where money c...
by AndyJ
Sun Jul 26, 2020 11:54 am
Forum: Copyright Basics
Topic: Wikicommons Image - Dust Jacket
Replies: 2
Views: 517

Re: Wikicommons Image - Dust Jacket

Hi gle75, Yes, the Wikimedia Commons assessment about copyright in the USA is correct and the dust cover is therefore in the public domain there. And as a result of section 12(6) of the UK's Copyright, Designs and Patents Act 1988, it is also not protected in the UK either. Here's the text of that s...
by AndyJ
Fri Jul 24, 2020 6:23 am
Forum: Copyright Law
Topic: Links to YouTube
Replies: 3
Views: 367

Re: Links to YouTube

Hi Kurt, Yes, if a copyright owner knows someone else is using their copyright work without permission and does nothing about it, they can forfeit the right to take action at a later stage. The legal term is estoppel , ie the owned is 'stopped' from exercising a right they would normally be able to ...
by AndyJ
Thu Jul 23, 2020 7:39 pm
Forum: Copyright Law
Topic: Links to YouTube
Replies: 3
Views: 367

Re: Links to YouTube

Hi Kurt, Assuming you are based in the UK or the EU (no longer the same thing now!), then linking to copyright works hosted elsewhere is perfectly legal in most circumstances even if the content you have linked to is unauthorised content, as in the case you mention. There a several recent decisions ...
by AndyJ
Thu Jul 23, 2020 7:40 am
Forum: Copyright Basics
Topic: Can this be copyrighted? or do I need to do something else?
Replies: 3
Views: 397

Re: Can this be copyrighted? or do I need to do something else?

Interesting that the solicitor you consulted suggested patents. To claim a patent the invention needs to be new, involve an inventive step and be capable of industrial application; it also cannot fall into one of the excluded classes: these include scientific theories, mathematical methods, aestheti...
by AndyJ
Thu Jul 23, 2020 6:47 am
Forum: Copyright Law
Topic: Old photos/postcards
Replies: 19
Views: 9216

Re: Old photos/postcards

Given all that you have said, it is perhaps not surprising that this hasn't been tested in the courts. Yes. I have never seen a real life instance of anyone claiming this right, let alone litigating over it. There have probably been examples of the use of publication right but they have been portra...