Copyright exists in many forms, and there are a large number of exemptions and defences within copyright legislation. In the modern era, copyright laws tend to be cross-sectioned with the copyright laws of other countries. One of the biggest areas of copyright dispute is Youtube. Even videos created and uploaded in England will still be dealt with by Youtube, under their terms of service, utilising the USA law and not the law that applies in England & Wales. The question would then be one of venue – do you want to use the English law or do you want to use their in-house DMCA based rules?
The legislation and case law that applies to copyright claims can be complex. Utilising a solicitor that understands the law and how the international rules apply to cross border disputes is essential. It is fine being able to understand what the English law says, but if the dispute needs to be argued in-house at Youtube first, then an understanding of the US law is necessary because Youtube, under its terms of service, uses the US laws as its template. You could even have an in-house dispute whilst creating a Court based claim. Alternatively, you could issue proceedings in the US rather than in England if you think the US law would assist you more, or vice versa.
Muldoon Britton understands all of this. Copyright claims can be very trivial right through to be exceptionally complex and high value. You might want an outcome that is simply just and right – such as being properly credited for your works, or you could be demanding damages because of the unlawful use of your copyrighted material. It is essentially that whatever outcome you want you have understood the law, the terms of service if the copyright is on a trans-national platform such as Youtube, and, importantly, you have understood the exemptions and exceptions that apply. Simply using your copyrighted material may not be enough to succeed in a claim.
Muldoon Britton has offices in Manchester, Dublin and New York. Whichever venue is the most appropriate venue for your claim can be considered with you carefully. Google has a substantial HQ in Ireland, but is also opening a mammoth HQ in London. Its principal HQ is based in Virginia in the United States. If you are defending a claim, it is essential that you have considered whether you can have the claim moved to a more appropriate venue and/or whether you can use a defence in one venue that may not be available in another. Again, understanding your rights is essential when working with a copyright claim – whether defending or claiming.
Please contact our Manchester Office today to discuss your needs. We would be happy to discuss with you what options may be available or which should be explored. Contact us whether you are looking at a Court based approach or a platform specific approach. Ensuring that you have put forward the most appropriate and the most compelling defence or claim is essential.
You can reach our Manchester office on +44161 826 6922 from outside of the UK or 0161 826 6922 from within the UK.
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