Dear Richard

Sorry if this is going off topic..

This could be very significant. If a culprit breaches copyright more than 
once and you can prove that he has been caught before it changes from being a 
civil case into a potential criminal one. Under the almost hidden paragraph 
in the Copyright Act relating to this you are allowed to seize any equipment 
used to breach the copyright.  It is this aspect of the Copyright Act which 
enables software and video companies to raid the producers of illicit 
material and seize their video duplicating and CD making machines. It would 
be theoretically possible to seize the offending organisation's computers, 
scanners, printers and the equipment of their suppliers. I can't see many 
litho printers being too happy to lose a £1.5 million printing press because 
they had handled illicit material. 

Additionally they could go to prison. The Copyright Act is available on the 
web and has this to say. The important bit is "he knew or had reason to 
believe that copyright would be infringed." This means its a one off thing. 
Do the same thing twice and you risk going to prison for two years because 
the first case gives the offender reason to believe he is doing wrong. 

<<<any person who caused the work to be so performed, played or shown is 
guilty of an offence if he knew or had reason to believe that copyright would 
be infringed.

    (4) A person guilty of an offence under subsection (1)(a), (b), (d)(iv) 
or (e) is liable—

 (a) on summary conviction to imprisonment for a term not exceeding six 
months or a fine not exceeding the statutory maximum, or both;

 (b) on conviction on indictment to a fine or imprisonment for a term not 
exceeding two years, or both.>>>

http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm

Any decent professional organisation worth its salt would be in there taking 
these guys to the cleaners and beyond to create a good test case for all 
other photographers.

Yours

Bob Croxford


In a message dated 12/2/02 6:33:26 Richard writes:

>Dear Ron
>
>Your experience puts me n mind of another Prodig member from your neck>
>of the woods who has been involved in a similar theft of his creative 
>work by these same people and has had a most unpleasant time with them.
>
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