Wednesday, September 18, 2019

DACS: Will Declan be sued for my use of an image that I had no way of knowing was copyright protected and is currently being used in dozens of websites and on social media without permission? (WITH UPDATE 24/9/2019)

This quote is in reference to the prospect of a pro bono lawyer to take on DACS (see update below):

9/20/19

Really good news for you and for all concerned about use of public info.

Donald A. Collins
Founder, International Services Assistance Fund

Our Church and State website has no less than 57 Nobel Laureates on it; for details, see this blog's sidebar under "Church and State" (updated today).
Article 10 of the European Convention on Human Rights and Fundamental Freedoms formulates what is the core of free speech. "Everyone has the right to freedom of expression." In an important interpretation of this article, the European Court of Human Rights in Handyside v. UK (1976) indicated that this "freedom of expression" should be construed as follows. It "is applicable not only to 'information' or 'ideas' that are favourably received, or regarded as inoffensive, or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population". Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society" (see Cliteur, 2010).


The Design and Artists Copyright Society is the UK's premier rights management organisation for visual artists.

Declan and I are housed in a flat that is part of the Mayor of London's Rough Sleepers Initiative. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. It has been acknowledged by the Greater London Authority in court papers that we can live independently – we do not have addictions or mental illness or behavioural issues. Our needs are solely related to the harassment, discrimination, intimidation and victimisation we routinely face. Yesterday we received a grossly unfair response from St Mungo's to multiple complaints, in that unreliable support has now effectively been deemed satisfactory in both our cases, thereby placing our supported tenancy at risk (a threat to life). See my post yesterday, Threat to life: Declan's breach of duty claim against the Mayor of London-commissioned St Mungo's remains active. Now unreliable support has effectively been deemed satisfactory in both our cases. That's not all! Less than 3/4 of an hour before hearing from St Mungo's, we received an email from DACS here in London. I tried to deal with it as best I could, but apparently not good enough. For sure Declan will defend in the public domain any attempt by DACS to effectively fold our Church and State website. Any such attempt should be a massive concern to everyone who shares material online.

Ciara Dowling
Legal and Copyright Executive
DACS
33 Old Bethnal Green Road
London
E2 6AA  

18 September 2019   

Use of work by Emile Loreaux IREN19-132402

Dear Ms Dowling,

Thank you for your email.

I understand that you may be considering court action to retrieve a fee for my wife's use of an image that she had no way of knowing was the copyright-protected work of a French artist living in Paris. This is also an image currently being used in dozens of websites and on social media without permission, and was promptly removed by my wife with her apologies and explanations upon receipt of your email yesterday.

I am afraid that I will be forced to vigorously defend my wife's use of the image for less than a month as excusable. We are a non-profit that does not run advertisements at all, and nor do I or my wife make any extra money from the work we do. Our combined salaries total slightly more than we would receive on unemployment benefit as a couple. Our rent is mainly paid by Newham Council.

We in fact live in supported housing under the Mayor of London's Rough Sleepers Initiative (RSI) scheme.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

https://www.google.com/search?newwindow=1&sxsrf=ACYBGNS8vmnRXeUq6SF_sxWh-RAi2u67Kg:1568733320810&q=national+science+fiction+day+2019&tbm=isch&tbs=simg:CAQSkwEJdR0idxBHzOAahwELEKjU2AQaAAwLELCMpwgaYgpgCAMSKLcOlheUC7gOlxe-DpUEsAzpFZkX4iimN_1EjqzfhKPMjqCSlN6Q3hycaMCSDS8H03HgITfCmoZzNS_1WLzAKeUFJJwUNd-eCF9y1uCYhs-LO3g0LbrP77zOJEPyAEDAsQjq7-CBoKCggIARIE0G3Urww&sa=X&ved=0ahUKEwj-6NWCk9jkAhXcSxUIHYzYBN0Q2A4ILygB

UPDATE 24 September (11.25am): We believe that defending this case is in the public interest. On 19 January, Declan wrote a strongly worded email to DACS to this effect. The next day he was advised by a top copyright lawyer here in London that if DACS is so aggressive that they actually take proceedings against us, then he should "dig in", contact the Law Society pro bono unit, and at the first opportunity have this case transferred to the small claims part of the Intellectual Property Enterprise Court to limit our liability. The lawyer Declan finally spoke to was a referral from another firm of solicitors. Twice that day copyright lawyers sincerely wished him the very best of luck. Don Collins, Founder of the Washington DC-based International Services Assistance Fund, responded to the prospect of a pro bono lawyer to take on DACS: "Really good news for you and for all concerned about use of public info."

UPDATE 24 September (4.45pm): DACS has just checked out: "I write further to our correspondence regarding the use of work by Emile Loreaux. Thank you for confirming that the work has been permanently removed from your website. I can confirm that no fee will be due for the past use of the work on the Church and State website. We reserve all rights on behalf of the member." This situation with DACS this past week reminds me of the last time Declan took St Mungo's to court. On that occasion, two working days before the trial, we were informed by Newham Council that they had suspended our housing benefit. It was reinstated the day after the trial. According to the Council, they had been informed by the Department for Work and Pensions that we had vacated. We had absolutely no dealings whatsoever with the DWP for over three years before that. This in fact will be the second time Declan has taken proceedings against St Mungo's in three years.

County Court at Central London, Royal Courts of Justice

Heavey v St Mungo's (2016)

Trial held in the Central London County Court, Royal Courts of Justice on 20 February 2017.

On 23 August 2018, Declan complained to the Information Commissioner's Office about case notes St Mungo's Executive Director Dominic Williamson assured the Court at trial in February 2017 had been rectified by him but were in fact being held under my name. It took the scheduling of a preliminary hearing in October 2016 to have case notes from two meetings so-called rectified by Williamson as Declan had requested all along; and that rectification only took place after a failed attempt by an international firm of solicitors, Osborne Clarke, to have Declan's claim struck out on the papers. The judge at the preliminary hearing dismissed St Mungo's application to strike out Declan's claim for compensation. DJ Avent's order dated 11 March 2017 does not state why he dismissed the claim at trial. Williamson: "The court case concerned your complaint about the notes on your record. My understanding is that following the court case it became apparent that the note in contention was mirrored on your wife's record - which I don't recall being aware of at the time - and this was subsequently amended to reflect the change we had made to yours. The court was therefore not misled." We strongly disagree that the court was not misled.

20 February 2017: Central London County Court: District Judge Avent dismisses Declan's claim against the Mayor of London-commissioned St Mungo's that alleged the falsification and fabrication of data against us (WITH UPDATE 16/3/2017)




From My Picks

7 October: St Mungo's: This Mayor of London-commissioned charity's failure to provide satisfactory support. Declan's pleadings in this post to be filed in court without further notice

Mayor of London Sadiq Khan


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