tag:blogger.com,1999:blog-5574479.post7118202023607613181..comments2024-03-28T13:45:42.289+00:00Comments on The IPKat: Struggling to understand how to address a copyright infringement issue? Here's my checklistVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-5574479.post-75855212626973469922014-11-25T15:09:17.002+00:002014-11-25T15:09:17.002+00:00Thanks so much you all for your suggestions!Thanks so much you all for your suggestions!Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-29751885000219818942014-11-25T12:46:48.615+00:002014-11-25T12:46:48.615+00:00I am sure your students will find your different a...I am sure your students will find your different approach useful and interesting, particularly if you emphasise that a checklist is only ever an indicative checklist, rather than the 'dernier mot' in checklists. I can see the 'checklist' as a new assignment/coursework model: give the students a scenario, and instead of inviting them to advise the parties, ask them to provide the checklist of points to be addressed when addressing the issues involved, with authority where appropriate.ruthsoethttps://www.blogger.com/profile/00021385960504251368noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13131893697936479222014-11-25T09:09:35.290+00:002014-11-25T09:09:35.290+00:00Ron is of course right that anyone can make a fals...Ron is of course right that anyone can make a false assertion via a copyright notice, and there is no legal impediment to deter them. Often where the work is a book or similar literary publication, the publisher may be legitimately referring to either publication right (as created by SI 1996/2967 r.16) or the copyright in the typographical layout (per s.8 CDPA) but since both these 'copyrights' only last for 25 years from the end of the year the work was first published, that is a very different state of affairs to life +70 years. Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26155528178281470562014-11-25T00:35:51.526+00:002014-11-25T00:35:51.526+00:00For Australian reader our publications on Permissi...For Australian reader our publications on Permissions & Clearances & Copyright Compliance provide practical checklists. http://www.copyright.org.au/bookstore/AUstralian Copyright Councilhttp://www.copyright.org.aunoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-81381102618187343232014-11-24T22:02:12.931+00:002014-11-24T22:02:12.931+00:00Don't take assertions of copyright ownership a...Don't take assertions of copyright ownership as gospel. I have lost count of the times I have seen reproductions of Victorian picture postcards on the web which are asserted to be the copyright of the web page owner. Even large institutions seem to be under the misapprehension that copyright exists in items in their collection, however old. <br /><br />I have a 1980's-published book which, inter alia, contains facsimiles of posters from the early 1830's, and a clipping from a newspaper from 1829, all of which are said in the acknowledgements page to be copyright of the Science Museum. The misapprehension might of course be on the part of the book's author. There appear to be no specific legal provisions in copyright legislation for unjustified assertions of copyright ownership. Ronnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-42846764562556958712014-11-24T18:57:36.379+00:002014-11-24T18:57:36.379+00:00May I suggest adding a paragraph entitled "In...May I suggest adding a paragraph entitled "International and Treaty Aspects"...?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-17748321282602034502014-11-24T16:14:53.130+00:002014-11-24T16:14:53.130+00:00Thanks for your valuable suggestions, Andy!Thanks for your valuable suggestions, Andy!Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-33959952551612060352014-11-24T11:35:18.442+00:002014-11-24T11:35:18.442+00:00Just a quick follow up on my last comment, Tim Pad...Just a quick follow up on my last comment, Tim Padfield's book <i>Copyright for Archivists and Record Managers</i> contains some useful flowcharts for determining copyright duration as well as some helpful summaries of the general law when looked at from a particular perspective, eg (1) who are/were authors of works such as films at various points in the past, and (2) Crown copyright. Andy jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1982108855919023902014-11-24T11:15:01.254+00:002014-11-24T11:15:01.254+00:00Eleonora,
You have set yourself one heck of a tas...Eleonora, <br />You have set yourself one heck of a task! Once you're cracked this, perhaps you and Mr Justice Arnold would like to rewrite the CDPA in line with the learned judge's <a href="http://www.law.qmul.ac.uk/events/items/135307.html" rel="nofollow">2014 Herchel Smith lecture</a>.<br />More seriously, I think an early consideration should be, having established that the work is eligible for copyright, whether it is still <i>in copyright</i>. For older works, unpublished works, and foreign works, this is an utter muddle (cf the Sherlock Holmes case in the USA) and of course the outcome of this examination may well lead into the thorny area of orphans (although I suspect that is straying beyond the purpose of your project). <br />And I would endorse Mark's point above, with emphasis on whether the claimant has standing to bring a cause of action. (vide HHJ Birss's (as he then was) findings in the various Media CAT cases). Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-40642043812737897192014-11-24T10:27:26.479+00:002014-11-24T10:27:26.479+00:00Thanks so much for your advice, Mark!Thanks so much for your advice, Mark!Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46718752637590473042014-11-24T10:24:36.713+00:002014-11-24T10:24:36.713+00:00I would expand the question of who owns the copyri...I would expand the question of who owns the copyright (or perhaps even an earlier question) to include:<br /><br />- is there good evidence of how the work was created and by whom? Is there an audit trail of versions and authors, their employment status and whether the work was created in the course of their employment, etc?<br />- is there evidence of whether the authors created the work themselves or introduced third party material, eg open source software?<br />- in the case of people other than employees acting in the course of their employment, are written assignments in place in favour of the employer?<br />- have there been any transactions (assignments, licences, charges, or agreements to do any of these things) or permissions granted to use the copyright work?Markhttp://www.ipdraughts.wordpress.comnoreply@blogger.com