Ebay......sales?

[Kaz]

When I had mugs on, yes, I was.

Not got anything on fleabay right now though as too busy with other things

[AdamB]

..........Not got anything on fleabay right now though as too busy with other things

too busy ............. anyone would think you had a party to organise or something!

[Lee]

. o O (..oh to be busy not to need ebay....)

[Kaz]

LOL Adam

Not too busy with other projects, just too busy with RL and a planned relocation oop north

[gstk]

Even if you dont sell anything on ebay - dont dismiss Ebay, its still an advertising media. We do more from Ebay leads than we do Ebay sales ;0) Make sure your email address is visible for " email us if you have any questions" All for about £30 a month PRICELESS

[Matt Quinn]

An email is not going to protect you. As you were the producer of the goods they will come after you as well.

Actually it might in some circumstances...

One rather foolish charlatan who became embroiled in the Corbis/Getty debacle regularly cited section 97 of the CDPA; creating a whole mythical defence strategy around it...


97 Provisions as to damages in infringement action.

(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.

(2)The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—(a)the flagrancy of the infringement, and(b)any benefit accruing to the defendant by reason of the infringement,award such additional damages as the justice of the case may require.

Now; it's NOT enough to simply claim a general ignorance that copyright subsists in every intellectual property... i.e. There is NO weight in the argument that because something lacked a copyright notice (for instance) you can cite a section 97 defence...

Likewise, something very obvious like a well known trade mark, logo or whatever; you would reasonable expect a person to know or suspect that the Nike 'swoosh' was a registered trade mark... And that market stall trader Shuggie McGlumpher was NOT entitled to reproduce it...

However, where a third party has represented themselves to you as the copyright holder; and it later emerges they weren't... Provided you can demonstrate you took all reasonable steps to establish who the rights holder was, and that you were mislead, the real rights holder would have no case for damages - They might still be due their licence fee; but again if you were acting under commission of a third party and your benefit comes only through providing the service, that would be a hard one to chase...

In practice the rights holder would go after the third party who commissioned the job... Mitigating emails or clauses DO have a use!

The protective clause from our T&C's (for instance) reads...

"Where the client or any person or agency who we have reasonable cause to believe is acting with the client's authority supplies material that is subject to copyright provisions the client warrants that they are a) lawfully able to authorise the proposed use or modification of that material and b) they so authorise that action."

Even so we do (and are obliged to) regularly refuse to reproduce material that we have reason to believe belongs to somone else...

[AJLA]

Off topic but where are you moving too kaz?

[Kaz]

I'm in Glasgow just now Mandy, and moving to Aberdeen area mid July as my hubby works up there and has done for 5 years, so it's time to be together again

[Kaz]

That doesn't make a lot of sense, lol

He works up there Mon-Fri, goes away Mon morning and I pick him up on a Fri afternoon.

It's taking it's toll on me and the kids now as he's been away so long.

With no prospects of work for him down this way, it's easier for us to relocate to where the work is, hence the move up.

Kids not very happy about it, but they're young and will adapt easier than me no doubt, lol

[John G]

Wish you all the best for your move.