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-   -   Anyone an expert on copyright? (Infringement-Help!) (https://www.scoobynet.com/non-scooby-related-4/641270-anyone-an-expert-on-copyright-infringement-help.html)

tsl333 15 October 2007 01:15 PM

Anyone an expert on copyright? (Infringement-Help!)
 
Need help! I bought a few photo's at a car boot sale. Subsequently sold them on & now being told they were copyrighted images nicked from t'internet so it's illegal & I could be sued!
As i had no clue about any of the copyright issues (no markings etc on the photos) how can I be liable??:(
Help - losing sleep!!!
Sammy.

DCI Gene Hunt 15 October 2007 01:21 PM


Originally Posted by tsl333 (Post 7332238)
Need help! I bought a few photo's at a car boot sale. Subsequently sold them on & now being told they were copyrighted images nicked from t'internet so it's illegal & I could be sued!
As i had no clue about any of the copyright issues (no markings etc on the photos) how can I be liable??:(
Help - losing sleep!!!
Sammy.

Tis true, there was a thread a while ago about a SNetter who had used a picture on his web site that was someone else's copyright....

He was sued for a million pounds and had to hand over all his property, including his car, his house, his wife, his bare knuckle fighting cage as well..... :(

I beleive he ended up moving to Iceland.... very sad state of affairs :(

bugeyeandy 15 October 2007 01:21 PM

Assuming you've sold them on Ebay I'd say it depends how you advertised them.
If legal action has actually been taken you need a real lawyer not a forum.
Got a link to your ad on Ebay?

bugeyeandy 15 October 2007 01:22 PM

DCI Gene Hunt ^ soothing Snetters since 2006 :)

DCI Gene Hunt 15 October 2007 01:23 PM

What were the pictures, how did you manage to buy them from a car boot.. who did you sell them too..

Don't name names but a fuller description is needed to offer any useful assistance..... ;)

tsl333 15 October 2007 01:49 PM

They were pictures of musicians which it transpires had been cribbed from a web site where they were copyrighted (but not encoded etc). We sold on via a stall at a music fair & some have made their way back to copyright holder. Just a threat of further action at the moment.

Simon C 15 October 2007 01:55 PM

All copyright is help by the photographer unless working for someone else or the copyright is bought by another party. ie if I take photo's of a band the record label can either buy the copyright off me or or in the contract take the copyright.

DCI Gene Hunt 15 October 2007 02:00 PM


Originally Posted by tsl333 (Post 7332319)
They were pictures of musicians which it transpires had been cribbed from a web site where they were copyrighted (but not encoded etc). We sold on via a stall at a music fair & some have made their way back to copyright holder. Just a threat of further action at the moment.

You do realise that the old bought them from a 'car boot' is akin to bought them from a bloke 'down the pub'!

As you've re-registered to ask this question (newb) I suggest that there is more to this than meets the eye. In fact I'd go as far to say it was YOU that cribbed the photo's and used the old bought from a car boot excuse if you were ever caught.

Anyway, here it is... you have committed a criminal act, and will most likely be sued by the copyright holder. If you can provide details of the people who sold you the pictures it is likely that the case against you will be dropped. But I fear that as you bought them from someone in a car boot (;)) and won't be able to actually prove this, they will assume you're telling a large porky pie and go for you instead...

Likely outcome you're fined on the basis of how many of these pictures its believed you sold.... pick a number!

You're soooo doomed :o

tsl333 15 October 2007 02:00 PM


Originally Posted by Simon C (Post 7332330)
All copyright is help by the photographer unless working for someone else or the copyright is bought by another party. ie if I take photo's of a band the record label can either buy the copyright off me or or in the contract take the copyright.

OK, I understand that, but surely not every photo ever is copyrghted? I see hundreds of photo's which have no copyright markings thereon (front or back). It seems bizarre that I can be threatened with god knows what when I had no intent to avoid paying the copyright holder who i didn't even know existed!!!

tsl333 15 October 2007 02:07 PM


Originally Posted by DCI Gene Hunt (Post 7332337)
You do realise that the old bought them from a 'car boot' is akin to bought them from a bloke 'down the pub'! Yes!

As you've re-registered to ask this question (newb) Not so - registered since 2004, partner uses site, i browse! I suggest that there is more to this than meets the eye. In fact I'd go as far to say it was YOU that cribbed the photo's and used the old bought from a car boot excuse if you were ever caught. No - I'm a proper trader who has never fallen foul of this before. 30,000 transactions in 10 years & now pilloried over a handful of piccies!!!

Anyway, here it is... you have committed a criminal act, and will most likely be sued by the copyright holder. If you can provide details of the people who sold you the pictures it is likely that the case against you will be dropped. But I fear that as you bought them from someone in a car boot (;)) and won't be able to actually prove this, they will assume you're telling a large porky pie and go for you instead...

Likely outcome you're fined on the basis of how many of these pictures its believed you sold.... pick a number!

You're soooo doomed :o

Try assuming I'm genuine & offer advice from that perspective please??

DCI Gene Hunt 15 October 2007 02:08 PM


Originally Posted by tsl333 (Post 7332358)
Try assuming I'm genuine & offer advice from that perspective please??

Well I'll try .....

Spoon 15 October 2007 02:18 PM

Give that a read Copyright FAQ and ignore DCI, he likes picking on women, it makes him feel equal. :D

DCI Gene Hunt 15 October 2007 02:21 PM

I tried...

Look, you're doomed... it was copyrighted.... you failed to check, sold them on and as such broke the law... now take it like a man (or big moany time of the month PMT stylee lady) :D

The ONLY way out for you is to name the original seller.... ;) well that or cough up the fine :thumb:

DCI Gene Hunt 15 October 2007 02:22 PM


Originally Posted by Spoon (Post 7332377)
Give that a read Copyright FAQ and ignore DCI, he likes picking on women, it makes him feel equal. :D

*irony moment* :D

WRX_Dazza 15 October 2007 02:27 PM

difficult one, this one.

i'm no expert, but i would make a suggestion to sort this out amicably.

send the profit to the copyright holder and explain that you had no idea and the money is a gesture on your part, so you haven't actually made any financial gain from the material.

or just bluff it out, if you can.

all the best

***Nemesis*** 15 October 2007 02:27 PM


Originally Posted by tsl333 (Post 7332338)
OK, I understand that, but surely not every photo ever is copyrghted? I see hundreds of photo's which have no copyright markings thereon (front or back). It seems bizarre that I can be threatened with god knows what when I had no intent to avoid paying the copyright holder who i didn't even know existed!!!

Under UK law any image is automatically copyrighted. It is no longer necessary to mark it as such. Pictures on the internet are also granted this protection and the person who copied them has breached the copyright.

Copyrights do expire eventually but unless these are very old images or have been deliberately placed in the public domain it is highly unlikely in this case. Chapter and verse can be found here .

Spoon 15 October 2007 02:28 PM

Nice edit, DCI. No brightness awards though. :lol1:

DCI Gene Hunt 15 October 2007 02:30 PM


Originally Posted by Spoon (Post 7332395)
Nice edit, DCI. No brightness awards though. :lol1:

What edit? :D .... oh that one :o

Simon C 15 October 2007 02:38 PM


Originally Posted by tsl333 (Post 7332338)
OK, I understand that, but surely not every photo ever is copyrghted? I see hundreds of photo's which have no copyright markings thereon (front or back). It seems bizarre that I can be threatened with god knows what when I had no intent to avoid paying the copyright holder who i didn't even know existed!!!


Nope, every photo is copyrighted from the moment the shutter release is pressed. Irrespective of markings.

Sonic' 15 October 2007 04:39 PM


Originally Posted by DCI Gene Hunt (Post 7332387)
*ironing moment* :D

As you mentioned women in your previous post, I only thought it apt to edit your post for accuracy :thumb:

MK5 15 October 2007 05:06 PM


Originally Posted by Simon C (Post 7332421)
Nope, every photo is copyrighted from the moment the shutter release is pressed. Irrespective of markings.

are you sure?

i collect 80's Ford Press Photos and these are anything BUT copyright. Ford wanted as many people as possible to use / publish them

Simon C 15 October 2007 06:32 PM


Originally Posted by MK5 (Post 7332784)
are you sure?

i collect 80's Ford Press Photos and these are anything BUT copyright. Ford wanted as many people as possible to use / publish them


Someone will own the copyright thats a fact. My stuff gets used for press work but I own the copyright, I allow them to be used for that.

NeilT 15 October 2007 08:09 PM


Originally Posted by tsl333 (Post 7332338)
OK, I understand that, but surely not every photo ever is copyrghted? I see hundreds of photo's which have no copyright markings thereon (front or back). It seems bizarre that I can be threatened with god knows what when I had no intent to avoid paying the copyright holder who i didn't even know existed!!!

I would consider what the copyright holder wants from you, it'll probably either be:-

a) money
b) an apology and a promise not to do it again

In a (possibly misguided) belief that all human beings are reasonable things, I would expect them to opt for b, whereby hopefully you would only need to explain your position and that you won't be selling them again.

We had some of our copyrighted stuff used by another company for financial gain some time back, I opted for b after a talk to our solicitors, which worked fine at sorting the problem.

I seriously wouldn't worry too much for now, if I were the copyright holder, I'd go for b (unless you were a billionaire, then perhaps b with a bit of a thrown in for good measure)

Neil

Hoppy 15 October 2007 09:09 PM


Originally Posted by NeilT (Post 7333335)
I would consider what the copyright holder wants from you, it'll probably either be:-

a) money
b) an apology and a promise not to do it again

In a (possibly misguided) belief that all human beings are reasonable things, I would expect them to opt for b, whereby hopefully you would only need to explain your position and that you won't be selling them again.

We had some of our copyrighted stuff used by another company for financial gain some time back, I opted for b after a talk to our solicitors, which worked fine at sorting the problem.

I seriously wouldn't worry too much for now, if I were the copyright holder, I'd go for b (unless you were a billionaire, then perhaps b with a bit of a thrown in for good measure)

Neil


Good reply :)

Copyright can be massively complex but, in practise, is only ever a major problem if large sums of money are at stake. Take option b.

Unless things get really heavy, their solicitor's bills will be more than they'll ever get from you.

Richard.

PS How long have you been trading? How many transactions? And you still no Jack about copyright :rolleyes:

dj_woodster 15 October 2007 11:07 PM


Originally Posted by DCI Gene Hunt (Post 7332386)
I tried...

Look, you're doomed... it was copyrighted.... you failed to check, sold them on and as such broke the law... now take it like a man (or big moany time of the month PMT stylee lady) :D

The ONLY way out for you is to name the original seller.... ;) well that or cough up the fine :thumb:

:lol: :lol: :lol: :luxhello: :luxhello:

Hol 16 October 2007 12:07 PM

I once copied and reposted a rather helpful thread quote made by DCI Gene Hunt, it got me very worried about copyright shortly afterward. :eek:







[A 'helpful' comment :confused: ]

But, then I realised that they were obviously fake and I stopped worrying:lol1:

DCI Gene Hunt 16 October 2007 12:12 PM


Originally Posted by Hol (Post 7334895)
I once copied and reposted a rather helpful thread quote made by DCI Gene Hunt, it got me very worried about copyright shortly afterward. :eek:

[A 'helpful' comment :confused: ]

But, then I realised that they were obviously fake and I stopped worrying:lol1:

I just might sue for slander instead..... DCI...."helpful" :o

Butty 16 October 2007 12:19 PM

How many is "a few photos sold on" in this instance?

tsl333 16 October 2007 12:43 PM


Originally Posted by Butty (Post 7334931)
How many is "a few photos sold on" in this instance?

About 20 so nothing major, although it transpires the real thing goes for circa 30 quid each :eek: (which equates to the total profit I made!!).

DCI Gene Hunt 16 October 2007 12:56 PM


Originally Posted by tsl333 (Post 7335026)
About 20 so nothing major, although it transpires the real thing goes for circa 30 quid each :eek: (which equates to the total profit I made!!).

Do you also sell copies of DVD's? ...... :D


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