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UK COPYRIGHT LAW

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Re: UK COPYRIGHT LAW

Postby jollyon » Mon Oct 16, 2017 2:53 pm

PRS Music Universe is useful:
https://www.prsformusic.com/-/media/fil ... icuniverse

Also mentioned in a previous post, but the external link has expired:
https://www.soundonsound.com/forum/view ... 827#416220
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Re: UK COPYRIGHT LAW

Postby Eazy360 » Wed Nov 22, 2017 8:49 am

Back to copy-righting. I was reading about these different types of CC Licenses but one thing isn't so clear...so the person who created the content chooses to release it under a CC license instead of the standard copyright terms that is automatically applied to creative works. But my question is can you choose to put somebody else's work under CC and force them to accept it?
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Re: UK COPYRIGHT LAW

Postby Hugh Robjohns » Wed Nov 22, 2017 9:50 am

Nope... unless that person is being employed to do develop the 'content' for or within a company. In that case, the employer usually holds the copyright, not the person, and can choose to do what they want with it.

This often comes up when people design or invent something on company time, and then discover that their employment contract denies them copyright in their invention/design.

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Re: UK COPYRIGHT LAW

Postby jagraphics » Wed Nov 22, 2017 11:06 am

Hugh Robjohns wrote:This often comes up when people design or invent something on company time, and then discover that their employment contract denies them copyright in their invention/design.
H

Interestingly a hell of a lot of Open Source Software would/could get caught under that it any one wanted to apply it. :-) Most is developed by programmers (employed as such) "in their spare time"
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Re: UK COPYRIGHT LAW

Postby ConcertinaChap » Wed Nov 22, 2017 9:58 pm

Eazy360 wrote:But my question is can you choose to put somebody else's work under CC and force them to accept it?

Sorry, got a bit confused by this for a moment.

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Re: UK COPYRIGHT LAW

Postby Watchmaker » Thu Dec 28, 2017 4:37 pm

Interesting thread.

I keep coming back to the notion of WHEN copyright infringement claims might actually come into play and what that looks like.

For the overwhelming majority of IP holders, there is rarely ever a challenge to copyright and in music, it is extremely difficult to prevail if you are plaintiff. Look at the Led Zeppelin case last year - took thirty years for that to get adjudicated and the only reason it did was because there was serious money at stake.

And the plaintiff lost because even the lower bar of civil evidentiary requirements was not met.

And before it even gets that far, it's actually quite easy to stave off a threatened prosecution because the very first thing one should do is force the plaintiff to "show standing," meaning they have to demonstrate actual harm before they can proceed. Very difficult to do, especially since there is no standing based on lost revenue. If you can't show the court that you were harmed, then that's the end of it.

And good luck finding a lawyer who will work on contingency for an IP claim. Any plaintiff will carry the full cost of the battle on their own dime, something very few can afford, and even fewer will judge to be a good spend.

Much ado about nothing.

I should add I'm in Duh'murca and we ain't all that smart, but US law (besides being capricious and heavily skewed towards "business" interests) is based in UK Common law...

(Aside: There was another thread last week about someone getting a C&D order for their name (Rain versus Rhayne) from a different jurisdiction. I don't know how treaties impact standing specifically but I'd certainly raise a challenge that the C&D is invalid in my jurisdiction and let them proceed to court on that. Then I'd kneecap them on standing.)
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Re: UK COPYRIGHT LAW

Postby Argiletonne » Mon Sep 10, 2018 11:47 pm

I can tell you why the poor man's letter or envelope will not work.
Exhibit A. You go to trial for a case and use the envelope as evidence to prove your case. The judge orders your lawyer to open the sealed containment in order to prove your claim. You prove your claim and win the case, end of story you go home happy and rich.

Then one year later another person infringes your copyright, only now you've already opened the seal that won your case before, uh oh, what now? You will lose the case because you only had one sealed envelope. You need to think of the bigger picture sometimes.

If a person is really that successful that people are taking their work from them and they easily know about it, you need to think of a bigger plan because music is not a one versus one world it's a community of billions of people.
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Re: UK COPYRIGHT LAW

Postby John Willett » Tue Sep 11, 2018 8:53 am

Argiletonne wrote:I can tell you why the poor man's letter or envelope will not work.
Exhibit A. You go to trial for a case and use the envelope as evidence to prove your case. The judge orders your lawyer to open the sealed containment in order to prove your claim. You prove your claim and win the case, end of story you go home happy and rich.

Then one year later another person infringes your copyright, only now you've already opened the seal that won your case before, uh oh, what now? You will lose the case because you only had one sealed envelope. You need to think of the bigger picture sometimes.

If a person is really that successful that people are taking their work from them and they easily know about it, you need to think of a bigger plan because music is not a one versus one world it's a community of billions of people.

Er - but you now have a previous court case that proves your copyright.

So this case can be quoted in any subsequant case.
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Re: UK COPYRIGHT LAW

Postby Martin Walker » Tue Sep 11, 2018 11:25 pm

John Willett wrote:Er - but you now have a previous court case that proves your copyright.

So this case can be quoted in any subsequant case.

Yep, that thought immediately occurred to me too John.


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