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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 15902
Experience:  30 years as a practising solicitor.
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What tab on here is most applicable to copyright law?

Customer Question

Good morning, what tab on here is most applicable to copyright law? Property law perhaps?
JA: What written documentation do you have?
Customer: none, I need advice on a possible artistic venture
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no :)
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Hi, I am looking for some advice on copyright law. I am looking at starting up an art commissioning service where users can submit images/photos and we will have artists paint the image in a chosen style (or non-stylised). There will be a cost to the user for this. MY questions are this:1. What are the risks here for copy right infringement if a user sends an image that they don't have the copyright for?2.What if a user wants a painted version of another work, say a banksy for example? Would the business/artist/I be liable for infringements?3.Is there a way in which liability can be avoided, perhaps a disclaimer to the user before sending us an image?This seems like a greats service! Thank you very much in advance.Patrick
Expert:  JGM replied 2 months ago.

Thanks for your question. I am a copyright solicitor in the UK and can help you with your question today. The answers to your questions are 1. You could be found liable for publishing a work for which copyright is owned by a third party. 2. Copying a painting other than for educational purposes would be a breach of copyright to sell such a work commercially. See section 16 and 17 of the Copyright Designs and Patents Act 1988. 3. You have the user click a disclaimer. That would have the effect of making them liable to you for any breach. However it would not allow you to avoid liability to a third party claiming a breach. It would simply give you a right of relief to cover any losses suffered by you as a result of their breach. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.