Discussion
Has anyone else had an email from them chasing a subscription?
It appears legit and is related to copyright.
We are a manufacturing business who frankly does not engage much with the outside world, we don't publish things. The list of activities covered is exhaustive.
from their website "you need" a license if :
Do you receive, access (including online) or share press cuttings?
Do you copy or print articles from websites or other digital content?
Do you email copies of articles or extracts from publications?
Do you store copies of articles or reports on an intranet?
Do you photocopy or scan content from books, magazines or journals?
Anyone had this? Anyone had problems from it?
It appears legit and is related to copyright.
We are a manufacturing business who frankly does not engage much with the outside world, we don't publish things. The list of activities covered is exhaustive.
from their website "you need" a license if :
Do you receive, access (including online) or share press cuttings?
Do you copy or print articles from websites or other digital content?
Do you email copies of articles or extracts from publications?
Do you store copies of articles or reports on an intranet?
Do you photocopy or scan content from books, magazines or journals?
Anyone had this? Anyone had problems from it?
This article may help
But my answer is you don't have to have one - and you simply take the tiny risk that if they ever come around and find a member of staff photocopying a newspaper article you may get a fine (it won't because the CLA does not govern newspapers...that the NLA...but you'd then need an NLA licence too).
If you copy anything, or print out for sharing, then in theory you would need one. But the CLA is a private company run by the copyright holders (and not all of them)...and their website is built to make you think you'd need one to cover your back.
The CLA website says you'd need one if you were doing the copying, communication or dissemination of the material...and if you're receiving it...which is false, so why would they include that if they're not simply trying to scare small businesses into potentially hefty licence fees.
What the CLA don't make clear (especially directly below the section you'd expect) is:
But my answer is you don't have to have one - and you simply take the tiny risk that if they ever come around and find a member of staff photocopying a newspaper article you may get a fine (it won't because the CLA does not govern newspapers...that the NLA...but you'd then need an NLA licence too).
If you copy anything, or print out for sharing, then in theory you would need one. But the CLA is a private company run by the copyright holders (and not all of them)...and their website is built to make you think you'd need one to cover your back.
www.gov.uk said:
You need a licence from the Copyright Licencing Agency (CLA) if you represent a business, a public sector organisation, or an educational establishment and you want to make copies of content protected by copyright.
Making copies includes photocopying, faxing, scanning and emailing.
It doesn't say you'd need one just to receive content (as per the CLA's first/main bullet) - otherwise just receiving junk mail that you put straight into the bin would suggest the need for a licence. Making copies includes photocopying, faxing, scanning and emailing.
The CLA website says you'd need one if you were doing the copying, communication or dissemination of the material...and if you're receiving it...which is false, so why would they include that if they're not simply trying to scare small businesses into potentially hefty licence fees.
What the CLA don't make clear (especially directly below the section you'd expect) is:
- Their licence doesn't cover everything published
- You may still need another licence from somewhere else to cover other publications
- Not every publication needs a licence
Edited by mmm-five on Friday 29th May 09:29
Thanks mmm
It just read to me like a coercive email to try and pressure payment for nothing. If it had come to me I would have added to junk senders list on our spam filter and ignored
However our office manager got the email and took it upon herself to answer some of their questions, in the positive.
Do people print things out from the internet, well yes, but not sure boarding passes are copyright protected same goes for funny pictures from facebook etc.
The only issue I can envisage is very occasional printing from "trade press" but how would they know?
We have a few press clippings (cut from the local rag) usually in relation to money we have donated to the local hospice on the wall in reception- good luck if they want to pursue us over that.
It just read to me like a coercive email to try and pressure payment for nothing. If it had come to me I would have added to junk senders list on our spam filter and ignored
However our office manager got the email and took it upon herself to answer some of their questions, in the positive.
Do people print things out from the internet, well yes, but not sure boarding passes are copyright protected same goes for funny pictures from facebook etc.
The only issue I can envisage is very occasional printing from "trade press" but how would they know?
We have a few press clippings (cut from the local rag) usually in relation to money we have donated to the local hospice on the wall in reception- good luck if they want to pursue us over that.
nikaiyo2 said:
Thanks mmm
It just read to me like a coercive email to try and pressure payment for nothing. If it had come to me I would have added to junk senders list on our spam filter and ignored
However our office manager got the email and took it upon herself to answer some of their questions, in the positive.
Do people print things out from the internet, well yes, but not sure boarding passes are copyright protected same goes for funny pictures from facebook etc.
The 'questionnaire' is intentionally written in the broadest possible terms to try and persuade as many people as possible to pay up. It just read to me like a coercive email to try and pressure payment for nothing. If it had come to me I would have added to junk senders list on our spam filter and ignored
However our office manager got the email and took it upon herself to answer some of their questions, in the positive.
Do people print things out from the internet, well yes, but not sure boarding passes are copyright protected same goes for funny pictures from facebook etc.
nikaiyo2 said:
The only issue I can envisage is very occasional printing from "trade press" but how would they know?
The CLA may not even have the rights to give a licence for material from a specific trade publication - you'd have to check on a publication-by-publication basis. But they make it seem like they provide a licence for 'everything'.nikaiyo2 said:
We have a few press clippings (cut from the local rag) usually in relation to money we have donated to the local hospice on the wall in reception- good luck if they want to pursue us over that.
But you're probably taking those clipping directly from a physical print of the newspaper and are not photocopying them.I might send :
I would be most grateful if you could answer the following for me, to allow us to give a clear and accurate answer.
1. Can you confirm the nature of the CLA, are you a government agency or a limited company? If Ltd please confirm your VAT number and company number and an explanation as to why you attempt to suggest statutory powers in your communication.
2. Can you confirm your investigatory powers?
3. Are these powers delegated to you via RIPA if not please confirm what authority you act under?
4. If you are not able to investigate using the powers of RIPA do you rely only on Anton Piller orders?
5. Can you confirm if this email is in response to an investigation? If so can you clarify the nature and scope?
6. You threaten passing on to your compliance department, please confirm what we are not complying with?
7. As used in the “Do I Need a CLA license.”
• Please clarify what is meant by “no copying.”
• Please clarify what is meant by “internally.”
• Please clarify what is meant by “receive”
8. If you are suggesting that we are responsible for communications sent to us please provide the evidence of this, by evidence I mean statute or president setting case law, out of court settlements with local authorities is obviously not evidence.
9. Do you claim to represent every website accessible from the UK? If not please provide details of the websites who’s content is covered by your authority.
Please do not answer by reference to your website, if each point is not answered including evidence to confirm your statements, then we cannot formulate a valid response to your enquiry.
When you respond to the above we will consider our position.
I would be most grateful if you could answer the following for me, to allow us to give a clear and accurate answer.
1. Can you confirm the nature of the CLA, are you a government agency or a limited company? If Ltd please confirm your VAT number and company number and an explanation as to why you attempt to suggest statutory powers in your communication.
2. Can you confirm your investigatory powers?
3. Are these powers delegated to you via RIPA if not please confirm what authority you act under?
4. If you are not able to investigate using the powers of RIPA do you rely only on Anton Piller orders?
5. Can you confirm if this email is in response to an investigation? If so can you clarify the nature and scope?
6. You threaten passing on to your compliance department, please confirm what we are not complying with?
7. As used in the “Do I Need a CLA license.”
• Please clarify what is meant by “no copying.”
• Please clarify what is meant by “internally.”
• Please clarify what is meant by “receive”
8. If you are suggesting that we are responsible for communications sent to us please provide the evidence of this, by evidence I mean statute or president setting case law, out of court settlements with local authorities is obviously not evidence.
9. Do you claim to represent every website accessible from the UK? If not please provide details of the websites who’s content is covered by your authority.
Please do not answer by reference to your website, if each point is not answered including evidence to confirm your statements, then we cannot formulate a valid response to your enquiry.
When you respond to the above we will consider our position.
mmm-five said:
I'd not not bother replying, but if you do then please change "who's" to "whose" and "president" to "precedent"
Simpo Two said:
I think of Medal of Honour Allied Assault... 'Shooting the lights out will only get their attention...'
I would do nothing, and save the broadside for later if you really need it.
Hahah typical me I would do nothing, and save the broadside for later if you really need it.
Have a bit of a rant then calm down, rant not sent, but have added them to our spam list
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