Clive D.W. Feather clive at
Fri Mar 30 13:33:15 BST 2012

Peter Mitchell said:
>>> It is often not at all obvious to the downloader both that material which 
>>> is
>>> apparently freely available on the internet is in copyright and that the
>>> copyright holder objects to it being downloaded. How am I supposed to 
>>> know?

> CDA1988 s.97 (1) "Where in an action for infringement of copyright it is 
> shown that at the time of the infringement the defendant did not know, and 
> had no reason to believe, that copyright subsisted in the work to which the 
> action relates, the plaintiff is not entitled to damages against him, but 
> without prejudice to any other remedy."

I'm not sure that's relevant. If the work was old enough that you can
expect copyright to have expired, this would apply. But with nearly all
downloads the question is whether you have an implicit licence to make the
copy, not whether there's copyright at all - copyright is automatic in
nearly all written works.

Clive D.W. Feather          | If you lie to the compiler,
Email: clive at     | it will get its revenge.
Web:  |   - Henry Spencer
Mobile: +44 7973 377646

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