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Has anyone any experience with the Patents Court, Small Claims re copyright infringement http://www.justice.gov.uk/downloads/courts/patents-court/patents-court-small-claims.pdf if one resides OUTSIDE of the United Kingdom and therefore cannot attend in person.  If so, how difficult and time consuming was the procedure and was it worthwhile?

 

I am seriously thinking of pursuing the "painter" who has used many of my photographs of aborigines as derivatives without my permission.  He is well aware that he cannot do this as I have warned him months ago but he still continued with the exhibition and is still selling prints and "originals" of his "work" on a website.  This I consider wilful use and in the past, I have been in contact with a UK IP lawyer but UK legal fees are really, really expensive and UK lawyers rarely, if ever, work on a contingency basis!  The gallery in Oldham, Lancs has not been too forthcoming about which "paintings" were exhibited and now the exhibition is over.  

 

For the life of me, I cannot understand galleries who exhibit work when it is patently obvious that the "painting" was taken from a photograph.  One of this "painter's" works is one of Clint Eastwood and although Mr Eastwood might be willing to sit for a painting, I don't think he would sit for a guy in Lancashire.  

 

Under UK law, one must have the written permission of the photographer if painters wish to use work as a derivative http://www.copyrightservice.co.uk/copyright/p22_derivative_works.en.htm and I am constantly amazed that "painters" the world over seem to think that photographs are in the public domain and there is no copyright issue.  Just take a look as sites such as Fine Art America and RedBubble and you will see that theft of IP is endemic.  

 

Sheila

 

 

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I thought I was going to have to travel to London (from Nottingham) to file my claim but it was settled before it got to that point.

 

I am having lunch next week with an IP Lawyer friend next week - I will ask him if you have heard nothing before.

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I'm about to issue a claim in the Intellectual Property Enterprise Court (it has been renamed but the searches for PCC still work ) and it can be done by post. You need an English address for service of documents though.

If a claim is defended the parties can agree to have it decided on the papers, but if he successfully applied for a hearing you would probably have to attend, or be represented, and legal expenses are not usuall awarded in small claims.

Your best bet might be an English solicitor's letter and hope he caves in.

The procedure is quite straightforward but I can't comment on how it went because it hasn't yet!

 

Edit:not sure if the tweet helped you, they presumably tipped him off so there's nothing Aboriginal on his site now.

Would you care to share a side-by-side of the 2 images? I found one online but it wasn't a close match IME.

Edited by spacecadet

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Good Afternoon Sheila

[ I replied to your Oldham query ]

 

http://www.jmw.co.uk/services-for-business/intellectual-property/

 

This firm "covers" Oldham and Media City is in their patch.  I have to declare an interest in that my wife is a partner but they well be able to advise.

John

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Sheila, did the exhibiyion have a catalogue? I appreciate many don't. Is the artist represented by a gallery - you might find something there?

 

Or get a friend perhaps in the UK to ask for some form of catalogue of available paintings.

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 I think he may have gone to ground after Sheila's tweets and posts to his various art websites. He's not hard to find.

Edited by spacecadet

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Sheila, did the exhibiyion have a catalogue? I appreciate many don't. Is the artist represented by a gallery - you might find something there?

 

Or get a friend perhaps in the UK to ask for some form of catalogue of available paintings.

One of the Alamy togs is checking this out!

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He seems to have forgotten about one of his sites which is still showing the derivatives ( I don't want to identify it here yet).   He quickly removed all of my work from his main website when I contacted him last July.  He removed my FB comments and the Gallery has still to answer my queries regarding if he exhibited the derivatives.  I did dob him in last July to the local newspaper who had carried an article and photograph of him holding one of my derivatives where he had won a prize for best work.  Grrrrrrrr.   He told the reporter that he had "forgotten" my condition that he could use my work for personal use only and to contact me if it ever became commercial.  He is still flogging off prints and originals (at 900 quid a pop) and he actually owns another gallery in Lancs.  

 

I am used to my work being infringed on a daily basis but this completely wilful use really gets up my nose!  The reporter alerted him to the fact that I was on his case but he still went ahead with the exhibition four months later.  

 

Sheila

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Good Afternoon Sheila

[ I replied to your Oldham query ]

 

http://www.jmw.co.uk/services-for-business/intellectual-property/

 

This firm "covers" Oldham and Media City is in their patch.  I have to declare an interest in that my wife is a partner but they well be able to advise.

John

Thanks John.  I will most certainly contact them.

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I use imagerights for all of UK cases. Takes awhile but they have collected on quite a few there.

 

Courts are backed up from what I have heard.

 

L

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I use imagerights for all of UK cases. Takes awhile but they have collected on quite a few there.

 

Courts are backed up from what I have heard.

 

L

Thanks Linda.  Does Imagerights still use IPP which did not come up to my expectations...and I am being kind here!

 

Sheila

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Can someone please tell me how to get an image from my Desktop to this forum.  I have tried various ways, copying and pasting, dragging from my desktop to the textbox but all I get is a large image and it does not actually embed.  I am sure in the past there was an icon to do this but it has disappeared!

 

Cheers

Sheila

Edited by Sheila Smart

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Sheila, I think it's still the case that the image needs to be hosted somewhere . . . the icon to embed an image is still there when the reply window opens.

 

dd

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I use imagerights for all of UK cases. Takes awhile but they have collected on quite a few there.

 

Courts are backed up from what I have heard.

 

L

  Does Imagerights still use IPP which did not come up to my expectations...and I am being kind here!

 

Sheila

 

I don't think so Sheila. IPP vanished without a trace on me a few years ago so I found them to be pretty useless. They did collect one of mine for imagerights a few years ago. Imagerights picks up the tab,so for me it was a no brainer to submit cases straight to them. If you are not signed up with them, here is my sign up code:   https://www.imagerights.com/signup?aid=4898

 

I pay the $295 a year and upload my images to them.It's the easiest way to get this stuff done and though I still collect some cases on my own,in most cases,it's not worth the time and stress factor. So,the 45% commission is worth it to me.

 

L

Edited by Linda

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OK, found one. Yes, a straight copy down to the locks of hair. That site says he has no works for sale however.

Your problem is collecting evidence- IPP don't do that and don't claim to. If they were mine I'd go for a licence fee but that would be all unless I could prove sales in which case IPEC might award damages.

I don't believe the IPEC is particularly overstretched.

Again a solicitor's letter might work but if he has ignored you so far he might continue to do so.

I gather he has your permission for non-commercial use- is that right? He might be able to argue that he hasn't sold your particular derivatives and you'd have to prove otherwise.

 

EDIT: Found the rest  for sale on a text search. Release the hounds.

Have you noticed that one is only for sale as a print suggesting he has sold the original?.. You'd have the option of requiring an account of profits.

Edited by spacecadet

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.. 

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Actually, I did write to Hyde Community asking for my email I sent them to be passed on to the journo but I got no response.  I have just received a rambling email from him which he said he sent me in December but I have no record of receiving it.  I got a call from one of the lawyers of the firm John recommended but I was a little indisposed and let it go to voicemail as, long story short, I ended up last night at the emergency room of our local hospital with extraordinary stomach pains.   For all you folk who don't believe in "socialised" medicine, then think again!  I was seen within five minutes of arrival.   Had an ECG, they took blood, gave me morphine, was on a drip and eventually they did a scan.  Nothing showed and they think it was just a gastric attack.  Being lefties, we don't have private health care and rely on Medicare (which we pay via taxes) and I paid nothing and left the hospital five hours later.  One of the nurses said her son, who is skiing in the US had a similar attack and ended up paying $7,000 for 23 hours in hospital. 

 

I might let him stew for a bit and in the meantime, I will contact the UK lawyers.

 

Sheila

Edited by Sheila Smart
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