Copright infringment? Advice sought
Newsgroups
I have no legal background at all - so therefore I think it wise to ask
those who [may] have....
A local group that I am involved with, purely on a charitable basis, loan
items out to pensioners, needy people etc. and as such make a "limited"
charge for the loan. Now someone has questioned whether these items can
actually be "charged" for at all. As an example, a Jigsaw puzzle may be
loaned out for a couple of weeks for a small charge (+ postage/costs).
Someone involved in the group has a "friend of a friend" that has told him
that this does/may ifringe some form of copyright, and quoted that the same
thing happened with libraries / books and that libraries actually make some
form of payment (royalties?) for books loaned. As you can see this is
hardly firm evidence, facts etc, and therefore before I take the matter
further, I thought I'd open this up for discussion.
Does anyone have any thoughts on this? Please!!!
Many thanks in advance
Newsgroups
etc on *any* box I have seen - any takers?
Kind regards
Newsgroups <news...@ncsupplies.plus.com> wrote in message
news:kVR2a.2308$Vx2.201219@wards...
David Bower
running a business to me.
"Newsgroups" <news...@ncsupplies.plus.com> wrote in message
news:kVR2a.2308$Vx2.201219@wards...
Bouncer
"David Bower" <david...@uk.thalesgroup.com> wrote in message
news:b2iibf$pga$1...@rdel.co.uk...
> How can it be charity if youre charging for the items? Souinds like youre
> running a business to me.
Do the charity shops in your area give their stuff away?
nightjar
> running a business to me.
There is nothing wrong with charities running a business, provided that they
don't make a profit from doing so. All income has to be used to support the
work of the charity or to cover the costs of running it.
Colin Bignell
Newsgroups
basis. I find it's always a good idea to read the email BEFORE your reply
and assume things.....
Now that's clear, have you anything constructive to add - like advice?
David Bower <david...@uk.thalesgroup.com> wrote in message
news:b2iibf$pga$1...@rdel.co.uk...
Paul Wolff
>> news:kVR2a.2308$Vx2.201219@wards...
>> > Hi,
>> >
>> > I have no legal background at all - so therefore I think it wise to ask
>> > those who [may] have....
>> >
>> > A local group that I am involved with, purely on a charitable basis,
>loan
>> > items out to pensioners, needy people etc. and as such make a "limited"
>> > charge for the loan. Now someone has questioned whether these items can
>> > actually be "charged" for at all. As an example, a Jigsaw puzzle may be
>> > loaned out for a couple of weeks for a small charge (+ postage/costs).
>> >
>> > Someone involved in the group has a "friend of a friend" that has told
>him
>> > that this does/may ifringe some form of copyright, and quoted that the
>> same
>> > thing happened with libraries / books and that libraries actually make
>> some
>> > form of payment (royalties?) for books loaned. As you can see this is
>> > hardly firm evidence, facts etc, and therefore before I take the matter
>> > further, I thought I'd open this up for discussion.
>> >
>> > Does anyone have any thoughts on this? Please!!!
OK, the Copyright, Designs and Patents Act 1988 as amended in December
1996 says:
18A.--(1) The rental or lending of copies of the work to the public is
an act restricted by the copyright in--
(a) a literary, dramatic or musical work,
(b) an artistic work, other than--
(i) a work of architecture in the form of a building or a model for a
building, or
(ii) a work of applied art, or
(c) a film or a sound recording.
(2) In this Part, subject to the following provisions of this section--
(a) "rental" means making a copy of the work available for use, on terms
that it will or may be returned, for direct or indirect economic or
commercial advantage, and
(b) "lending" means making a copy of the work available for use, on
terms that it will or may be returned, otherwise than for direct or
indirect economic or commercial advantage, through an establishment
which is accessible to the public.
(3) The expressions "rental" and "lending" do not include--
(a) making available for the purpose of public performance, playing or
showing in public, broadcasting or inclusion in a cable programme
service;
(b) making available for the purpose of exhibition in public; or
(c) making available for on-the-spot reference use.
(4) The expression "lending" does not include making available between
establishments which are accessible to the public.
(5) Where lending by an establishment accessible to the public gives
rise to a payment the amount of which does not go beyond what is
necessary to cover the operating costs of the establishment, there is no
direct or indirect economic or commercial advantage for the purposes of
this section.
(6) References in this Part to the rental or lending of copies of a work
include the rental or lending of the original.
I can't tell you whether a jigsaw puzzle is a work of applied art, but
it is likely to include a copy of an artistic work, ie an original
picture.
--
Paul