Search found 5 matches

by gardner
Sat Oct 02, 2010 8:31 am
Forum: Copyright Infringement
Topic: Fair dealing - non-literal copying
Replies: 8
Views: 26687

AndyJ
I'm sure you're right, it wasn't actually a copyright claim. The plaintiff probably had a contract with the defendant which reserved copyright to the plaintiff but the defendant had republished without paying the fee due under the contract. I have deleted my previous post.
Regards, Gardner
by gardner
Fri Oct 01, 2010 9:39 am
Forum: Copyright Infringement
Topic: Fair dealing - non-literal copying
Replies: 8
Views: 26687

Courts and copyright

AndyJ
Thanks for reply. I understand that I would have to prove substantiality, which is such a complex issue that I was concerned about the cost of litigation. But I am encouraged by the Baigent & Leigh v Random House at para 6 which quotes Designers Guild "the more abstract and simple the copied ...
by gardner
Thu Sep 30, 2010 1:15 pm
Forum: Copyright Infringement
Topic: Fair dealing - non-literal copying
Replies: 8
Views: 26687

AndyJ
I'd like to ask you for more details on a reply you gave in July. You wrote:

"The fair dealing rules are a form of exception to the general protection. For the purpses of review, criticism, research of a non-commercial nature, news reporting and private study they have the effect of allowing ...
by gardner
Sat Jul 31, 2010 4:56 pm
Forum: Copyright Infringement
Topic: Fair dealing - non-literal copying
Replies: 8
Views: 26687

Thanks, Andy

That's a very detailed and useful reply, with stuff I didn't know about moral rights and Sec 80. I think I see the way forward ... thanks
by gardner
Fri Jul 30, 2010 8:39 pm
Forum: Copyright Infringement
Topic: Fair dealing - non-literal copying
Replies: 8
Views: 26687

Fair dealing - non-literal copying

Is it a breach of copyright if an author summarises my very original research and my interpretation of that research without permission and fails to acknowledge where it came from? This is obviously non-literal copying and I know that if I could show that she copied a substantial part of my work I ...