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23/07/03 14:51:33Login ] [ Contact Forum Admin ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 1234567[8]910 ]
Subject: Re: Photo copyright


Author:
Daniel Emery
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Date Posted: 12/02/04 1:48:07
In reply to: Brian Henry 's message, "Re: Photo copyright" on 11/02/04 23:32:26

Well, this is the official legal standpoint (guess who just sat his NCTJ law exam :) )

Despite having the tag line "For this an other pictures of similar Trappers, select:", they are still using a copyright photo on their commercial web site without permission of the copyright holder. Not only that, but the photographs are hosted on their site - not a link to a different site.

That's a direct breach of the 1988 Copyright, Designs and Patents Act.

Now, here's the catch. The copyright of the photograph isn't owned by whoever owns the boat or who asked for the photo to be taken (at least for any pic taken after 1988). It is owned by the photographer.

They cannot plead Fair Dealing (no (C) notice attached) nor can they claim Public Interest (it's a commercial web site for gain - not a news organisation).

You can redress the 'wrong' via a civil action in the High Court or County Court to restrain a person from infringing (c) and to seek damages for infringing (c). It is also a criminal act, but I think the offence is to trivial to merit such.

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Replies:
Subject Author Date
Re: Photo copyrightJohn Templar12/02/04 2:48:35
Re: Photo copyrightBrian Henry12/02/04 7:03:05


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