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Author Topic : Copyright question. 
amodelto

Thread Starter / Photographer
City: Doncaster
Country: United Kingdom
Member Since: Dec 28, 2007
Posts: 950
Views : 1271  Sep 25, 2014 6:47am

My wife has a Company that has products manufactured and that she sells online.

She does not supply to any traders on particular lines so as to keep the maximum profit in house.

An amazon trader is offering one of these unique products Amazon undercutting and supplying their own brand of the product re-packaged to look like the original.

Not a problem as we will ask Amazon to remove the listing.

But, it raised a question in my mind. As I take all the product shots and obviously allow my wife to use them in her business, then I am the owner of the copyright of the original shot.

The false seller is selling against my wife's listing and therefore does not submit to Amazon any new images. but, the question I have is: If an image appears on someone's computer screen that I am the rights owner of because of a false listing, is there a breach of copyright?

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Keltica

Photographer
City: Twickenham
Country: United Kingdom
Member Since: Oct 5, 2010
Posts: 28
RE: Copyright question. Sep 25, 2014 7:21am

If you take a photo, draw, paint, write words or music etc then you are the copyright holder, although you can hand over or sell the copyright to others.

If your wife has packaging then if she has paid someone, or designed it herself, she has the copyright, and if someone else is using something very similar then that could, and I say could become copyright infringement.

See this link http://www.ipo.gov.uk/copy.htm for further UK Government information on copyright etc.



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 Razoir



Photographer
City: Crediton
Country: United Kingdom
Member Since: Jan 17, 2006
Posts: 5028
RE: Copyright question. Sep 25, 2014 8:23am

I think you MIGHT be trying to be a bit too clever here. If I go onto the net and then your wife's site and then look at your photographs of her product then I am displaying on my computer your copyright images. I am not breaching your copyright as there is an implied permission for me so to do. If I copy that image in any way then I do breach your copyright.

In the long run the way forward for you both is, perhaps, to look at Trade Mark law. If the economics of that works out will depend on the relative cost of registering and the business turnover. It is not cheap. However, breach if Trade Mark is an arrestable and imprison-able offence.

I would suggest that you look at concepts like 'passing off' and the simpler breach of copyright in the copying of the good.

Huge Hairy Jeremy

Website: www.photoartimages.org

Remember, Trolls' brains are silica based and only function properly at temperatures lower than minus 72 degrees Kevin.

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amodelto

Thread Starter / Photographer
City: Doncaster
Country: United Kingdom
Member Since: Dec 28, 2007
Posts: 950
RE: Copyright question. Sep 25, 2014 8:40am

Sure. A trade mark would be a route to go down but, past experience has shown it to be very costly, both to set up and to maintain.

This product sells well but not worth that expense.

The seller is not causing us any long term problems ( I hope ) as we have lodged a complaint with Amazon.

It was just me thinking about whether or not the person was legally in breach of any copyright by forcing my images in front of people by creating a fake listing.


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 Razoir



Photographer
City: Crediton
Country: United Kingdom
Member Since: Jan 17, 2006
Posts: 5028
RE: Copyright question. Sep 25, 2014 11:54am

I am quite sure they are but not clear a to what can sensibly be done in response. Amazon are probably your best bet here.

Threats of Trading Standards complaints regarding copyright theft may be worthwhile if they are based in the UK. Also worth pointing out that not only do Trading Standards treat copyright infringement as theft and prosecute but that we now have our very own court for civil action against people who infringe copyright and that the history of that court to date has been for them to be very harsh with people who they find guilty. Many settlements have run into thousands of pounds, not hundreds. The court decides the damages based on a formula and not on what the claimant thinks.

Huge Hairy Jeremy

Website: www.photoartimages.org

Remember, Trolls' brains are silica based and only function properly at temperatures lower than minus 72 degrees Kevin.

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