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Copyright Infringement

  • 05-02-2012 11:09pm
    #1
    charlie_sheen1
    Closed Accounts Posts: 2 ✭


    Hi folks, in a bit of a tizzy over this issue. To cut to the chase, I used quite a large section of work without any permission from the author. Now I unsure if the amount I have used in relation to the overall amount is allowed by law. Would imagine it constitutes only about 5%, but it was a software library from an individual. Computer software appears to be exempt from the fair dealings clause within the act section (50)(5)(a) + (b)

    From the 2000 Copyright Act(Pretty sure this applies to civil and criminal law): 
    11.—(1) Summary proceedings for an offence under this Act may Prosecution of
               offences. be brought and prosecuted by the Minister.
         (2) Notwithstanding the provisions of section 10(4) of the Petty
               Sessions (Ireland) Act, 1851, summary proceedings for an offence
               under this Act may be commenced at any time within 12 months
               from the date on which the offence was committed.
    Now this work was published in a plc further education college about 13 months ago, but I am unsure if the discoverability rule is applied. Does the clock tick from the commencement of the act, or only when it is(if) discovered by the plaintiff?

    I didn't profit in any sort of shape or form from this, and I don't want to end up in court for thousands of euro I can't afford:o If these SOPA/ACTA laws retroactively change these definitions, this could bankrupt me through statutory damages. Cheers.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    charlie_sheen1 wrote: »
    Hi folks, in a bit of a tizzy over this issue. To cut to the chase, I used quite a large section of work without any permission from the author. Now I unsure if the amount I have used in relation to the overall amount is allowed by law. Would imagine it constitutes only about 5%, but it was a software library from an individual. Computer software appears to be exempt from the fair dealings clause within the act section (50)(5)(a) + (b)

    From the 2000 Copyright Act(Pretty sure this applies to civil and criminal law): 
    11.—(1) Summary proceedings for an offence under this Act may Prosecution of
               offences. be brought and prosecuted by the Minister.
         (2) Notwithstanding the provisions of section 10(4) of the Petty
               Sessions (Ireland) Act, 1851, summary proceedings for an offence
               under this Act may be commenced at any time within 12 months
               from the date on which the offence was committed.
    Now this work was published in a plc further education college about 13 months ago, but I am unsure if the discoverability rule is applied. Does the clock tick from the commencement of the act, or only when it is(if) discovered by the plaintiff?

    I didn't profit in any sort of shape or form from this, and I don't want to end up in court for thousands of euro I can't afford:o If these SOPA/ACTA laws retroactively change these definitions, this could bankrupt me through statutory damages. Cheers.


    The time limit you quoted only applies to criminal proceedings. As a civil matter it would be different, and in a civil case time would only run from discovery.

    BTW look at section 81 of the Act, your action may not be illegal but if you are worried get the college to look into the matter with their legal advisors. Look at section 330, there is a lot in the Act.


  • #3
    charlie_sheen1
    Closed Accounts Posts: 2 ✭charlie_sheen1


    ResearchWill wrote: »
    The time limit you quoted only applies to criminal proceedings. As a civil matter it would be different, and in a civil case time would only run from discovery.

    BTW look at section 81 of the Act, your action may not be illegal but if you are worried get the college to look into the matter with their legal advisors. Look at section 330, there is a lot in the Act.

    Cheers. I am not sure what to do. If I bring discovery up and offer to pay a settlement, there is still the possibility of paying huge sums of money to the company that retains the copyright, not the individual author in question.

    Companies don't seem too forgiving. Might get legal advice, I am not really sure if notifying the college is a wise move should they report this kind of thing.

    I could be wrong here, but I would think it's unlikely to lead to court considering I didn't profit at all from this? Has there been any common law cases where people have been forced to pay either statutory or actual damages based on single, purely technical violations?

    Thx.


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