Copyright & implied licence

IPKat: Committal for contempt not fit for ‘grey area’ disputes

A case reported on the IPKat today highlights a dispute between a copyright owner and a newspaper publisher. Francesca Re Manning, the CAS-IP consultant who sent this link to me said this could be of interest to the Centres who use photos – even though the legal systems they operate might be different from the English one.

The dispute arose over how far the licence extended (there was no written agreement).  The judge ruled that the publisher had incorrectly assumed to have an ‘implied licence’ to use the owners copyrighted materials in back issues databases which further to the initial use in the publication.

It highlights a need to have an agreement in place when using the copyright of others, even if just to ensure that everyone is reading from the same page!

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