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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1322
Experience:  Solicitor
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Dear Sirs A production company produced our company VT free

Customer Question

Dear Sirs
A production company produced our company VT free of charge for us as we were a start up company. We having been using the VT which links to the website for the last year.
The production company provided the VT for free because a friend was a Director of the company. This friends has since left under a cloud and the production company want to withdraw the right for us to use the VT, as they say we no longer have permission to use their IP.
Do we have rights to this VT as we've been using for a year andit was given in good faith, is it not the IP of the company now?
Thanks
Tracey
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello Tracey my name is ***** ***** I will help you with this.

Is anything in writing saying there are conditions upon use please?

Customer: replied 2 months ago.
Hi JamieNo there is nothing in writing that stipulates the conditions.
Thanks
T
Expert:  Jamie-Law replied 2 months ago.

Ok - then you can use it. Unless when you were given it, that the VT was conditional upon anything they can can NOT stop you using it.

They could have said, we are giving you the VT as long as X is working at the company. But they did not.
Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
Thanks JamieMy problem is that they have said they will withdraw their IP permission from Vimeo Pro who host the VT to our website. Vimeo pro has stated the followingKristoff (Vimeo Support)
Sep 16, 10:04 AM EDT"Under the DMCA, it is not a requirement the claimant supply proof, rather they affirm they affirm under penalty of perjury that they are the copyright holder or are an authorized agent.This was written into the law specifically so that online service providers like Vimeo would not have to make difficult legal analyses for each DMCA notice.So long as the notice is valid under the DMCA, we will remove materials."How can I stop this if I'm within my rights to use the VT? How do I prove to Vimeo that I have right to use the VT if the production company says otherwise?
Expert:  Jamie-Law replied 2 months ago.

You can continue to use it, say it was not conditional upon anything. The only way they could stop you is with an injunction, then you could defend it.

So the ball is in their Court, it is up to them - you do not need to do anything

Does that clarify?

Customer: replied 2 months ago.
Not really clear on this. If Vimeo say they will remove the materials if instructed to do so my the production company, how do they need an injunction? "Under the DMCA, it is not a requirement the claimant supply proof, rather they affirm they affirm under penalty of perjury that they are the copyright holder or are an authorized agent." If they instruct the materials to be removed, surely the legal battles begins when I have to provide who the copyright holder is?? Who is the copyright holder in this circumstance? It feels like I have no rights here if they decide to say they have copyright??
Expert:  Jamie-Law replied 2 months ago.

I see what you mean now, the hosting company.

They own copyright unless its been assigned, but you have the ability to use it, because it was given.

You may need an injunction against THEM for it to be continued usage.

Does that clarify?

Customer: replied 2 months ago.
basically they're right.. they can revoke usage without my permission and I have to take an expensive injunction out against them to prove copyright?
Customer: replied 2 months ago.
Even though they gave us the VT without stipulations. Seems very unfair
Expert:  Jamie-Law replied 2 months ago.

Yes. They own it and always will unless its been transferred to you.

But you are free for use it.

Does that clarify?

Customer: replied 2 months ago.
thanks Jamie.
Tracey
Expert:  Jamie-Law replied 2 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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