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Originally Posted by Star 69
Our clients never had any problems witht the content and rights except of Kandah!
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ok this may be becuase your english but this is the first time you have you have mentioned this so none of your customer know about your "inferior record keeping"
let me simplify it by asking yes or no questions that way there will be no confusion.
records are so bad that someone who bought content "exclusively" and therefore holds all rights could be believed to have bought "without re-sell rights"
yes or no
based on apology it appears the answer has to be yes
You sell content non-exclusively
yes or no
based on the your recent thread about non-exclusive content for $5 per set the answer appears to be yes
you could sell content that you have sold exclusively to one person non-exclusively to another because you "believe" that you have a right to sell the content that you really signed away all rights to as a result of your records being so inferior
yes or no
based on your apology it appears the answer has to be yes
The reason i ask is because according to canadian copyright law
Quote:
Subject to this section, a copyright owner may elect, at any time before final judgment is rendered, to recover, instead of damages and profits referred to in subsection 35(1), an award of statutory damages for all infringements involved in the proceedings, with respect to any one work or other subject-matter, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $500 or more than $20,000 as the court considers just.
(2) Where a copyright owner has made an election under subsection (1) and the defendant satisfies the court that the defendant was not aware and had no reasonable grounds to believe that the defendant had infringed copyright, the court may reduce the amount of the award to less than $500, but not less than $200.
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and your public declaration that your records are that inferior means that if such a "mistake" happens it would be very hard to prove that there were "no reasonable grounds to beleive that the defendant had infringed copyright"
do you explicitly tell non-exclusive content buyers that your record keeping is so bad that the content they are buying from you COULD actually belong to another customer.
yes or no
so far i have never seen such a declaration so the answer would be no
do you tell your non-exclusive content buyers that if this mistake happens they could be civilly responsible for damages of $20,000 per picture/video.
yes or no
again i have not seen such a declaration so the answer would be no
please note this infringing liability would be passed on to affiliates of any sponsor who gives the content away to promote their sites. so a statement like "if you don't want to accept the liablity don't buy from us" doesn't stop the liablity.