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. |
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. 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 :( |
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? |
DCI Gene Hunt ^ soothing Snetters since 2006 :)
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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..... ;) |
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.
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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.
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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.
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 |
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.
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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 |
Originally Posted by tsl333
(Post 7332358)
Try assuming I'm genuine & offer advice from that perspective please??
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Give that a read Copyright FAQ and ignore DCI, he likes picking on women, it makes him feel equal. :D
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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: |
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
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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 |
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!!!
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 . |
Nice edit, DCI. No brightness awards though. :lol1:
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Originally Posted by Spoon
(Post 7332395)
Nice edit, DCI. No brightness awards though. :lol1:
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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. |
Originally Posted by DCI Gene Hunt
(Post 7332387)
*ironing moment* :D
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Originally Posted by Simon C
(Post 7332421)
Nope, every photo is copyrighted from the moment the shutter release is pressed. Irrespective of markings.
i collect 80's Ford Press Photos and these are anything BUT copyright. Ford wanted as many people as possible to use / publish them |
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. |
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!!!
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 |
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: |
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: |
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: |
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: |
How many is "a few photos sold on" in this instance?
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Originally Posted by Butty
(Post 7334931)
How many is "a few photos sold on" in this instance?
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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!!).
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