Attire Accessories - May/Jun 2019 (Issue 76)

ACID W: acid.uk.com changes, so it is a new creation” – this is a wrong assumption about designs and copyright. One recent enquirer wanted to know whether it would be allowed if they took three original images and “scrambled them up (so you couldn’t even work out what the original image was)”. ACID’s answer was that, in view of the above application of the law, it is not worth the risk and does not basically demonstrate that this person respected copyright laws if they were prepared to find a way around them! If I want to use my own image on the internet that I have created myself, are there any watchpoints? Generally, you will own the copyright, so you are free to use them as you wish. However, you should be aware that if you created them in employment, you would need to ask your employer’s permission. Or, for example, if you take a photo of, say, an artwork in a gallery image or an ad on the tube, this could be an infringement of copyright. What happens if I infringe a copyright work? Many creators are becoming IP savvy, and as a result, we are seeing an increasing number of successful settlements, which is good news for IP owners. However, for those who use copyright or design without permission and legal action is taken against you, you may have to go to court, and this is expensive. If the challenge is successful, you may have to pay substantial costs. The worst-case scenario is that deliberate infringement of a copyright on a commercial basis may also lead to a criminal prosecution. If successful, this could lead to a criminal record, which has serious consequences, such as a prison sentence of up to 10 years. Intellectual property should be seen as a positive force, supporting your innovation and creation of new IP through creative talent. The law is there to protect, and it is also there to enforce, so knowing and understanding some of the basic rules is a great way to ensure you don’t infringe the rights of others. ACID supports all IP creators with an IP Databank. Put simply, if you want to take legal action against someone who is using your copyright or unregistered design right without permission, you need evidence. Lodging your work on the IP Databank doesn’t add to your existing rights (created automatically) but does give you a tamper-proof certificate that your files and documents have been received by an independent third party such as ACID. Creating an audit trail behind your work to prove you own your IP is essential. It is not rocket science! Often, assertion of a proactive IP strategy can be reinforced by a few simple words on your website such as “All intellectual property rights in our images, artworks and design belong to (insert your name). Any infringement will be treated seriously.” Prevention and deterrence play a key role in communicating an anti-copying message. Est. 1980 Talbot Fashions Wholesale Jewellery, Gifts & Accessories Beautiful Natural Paua shell 7 Howard Terrace, Brighton, East Sussex, BN 1 3 TR Tel: 01273 776415 Email: info@talbotfashions.com www. talbot fashions .com Call now for our catalogue or place your order online at: www.talbotfashions.com Minimum order just £ 25 (Ex VAT & P&P)