Viewing 7 posts - 41 through 47 (of 47 total)
  • Using an image, without permission, but with reference
  • Mike_D
    Free Member

    No, sorry, that’s bollocks. There’s more to copyright than copying — here’s the Copyright, Designs and Patents Act 1988:

    16 The acts restricted by copyright in a work
    (1)
    16
    The owner of the copyright in a work has, in accordance with the
    following provisions of this Chapter, the exclusive right to do the following
    acts in the United Kingdom
    (a) to copy the work (see section 17);
    (b) to issue copies of the work to the public (see section 18);
    (ba) to rent or lend the work to the public (see section 18A);
    (c) to perform, show or play the work in public (see section 19);
    (d) to communicate the work to the public (see section 20);
    (e) to make an adaptation of the work or do any of the above in relation
    to an adaptation (see section 21);
    and those acts are referred to in this Part as the “acts restricted by the
    copyright”.

    The “work” is the picture. The “owner of the copyright” is the photographer. Teva may not have technically copied the picture, but they’ve shown it to the public, communicated it to the public and (arguably) made an adaptation of it.

    That’s ignoring the fact that the photographer has specifically stated that the image is not to be used for commercial purposes.

    phil.w
    Free Member

    No, sorry, that’s bollocks.

    In your opinion. The courts have decided it’s not.

    Mike_D
    Free Member

    OK 🙂 Point me at an example case? Genuinely interested 🙂

    phil.w
    Free Member

    There are quite a few cases, the one that has the most impact is the Perfect 10 v. Amazon.com case as the courts seemed to suggest that all types of hotlinking would be defendable in court where as previously cases had mostly covered thumbnails and search engines.

    Mike_D
    Free Member

    Anything in the UK? US copyright law is significantly different.

    bencooper
    Free Member

    That Teva image is hosted on FB servers, so without permission it would be copyright infringement. Looks like they got permission though.

    If the image has been hotlinked from Flickr and you want to break it, just rotate the image and then rotate it back again – that breaks the image URL.

    matt_outandabout
    Full Member

    According to Teva they have ‘reached out to the photographer’…and according to the uni ‘they got permission’ after it was published on front cover of a local magazine, making it fair game to use how they like….

    According to Willie who took the picture, they could have a copy for the Uni canoe club to use…nowt else…

Viewing 7 posts - 41 through 47 (of 47 total)

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