Copyright breach?

[flanagaj]

So the LPA have stated that so long as the reports used in the previous planning application are not > 3 years old, then they are happy that we don't require new ones.  The planning consultant at the architects has however just stated that we will be in breach of copyright if we do this.  Just wondering whether this is the case, and is there anyway around it.  The biodiversity report is from a company that I think has stopped trading.  Their phone number is now a solicitors.

 

Would it be risky to submit them?

[nod]

If you’ve paid for the reports previously Go ahead and use them 

[jack]

3 hours ago, flanagaj said:

So the LPA have stated that so long as the reports used in the previous planning application are not > 3 years old, then they are happy that we don't require new ones.  The planning consultant at the architects has however just stated that we will be in breach of copyright if we do this.  Just wondering whether this is the case, and is there anyway around it.  The biodiversity report is from a company that I think has stopped trading.  Their phone number is now a solicitors.

 

Would it be risky to submit them?

 

Submit them. If they find out and complain, and can explain why what you're doing is in breach, they can threaten to sue you for damages.

 

IANAL, but presumably damages are realistically likely to be no more than the original charge for the report (or their current charge for the same, not that that's relevant if they're no longer trading).

[flanagaj]

9 hours ago, nod said:

If you’ve paid for the reports previously Go ahead and use them 

I should have been a bit clearer.  These reports were done as part of the original planning application, by the vendor who we purchased the land from.

[flanagaj]

7 hours ago, jack said:

 

Submit them. If they find out and complain, and can explain why what you're doing is in breach, they can threaten to sue you for damages.

 

IANAL, but presumably damages are realistically likely to be no more than the original charge for the report (or their current charge for the same, not that that's relevant if they're no longer trading).

In the end I decided to do just that.  Fingers crossed it will be ok.

[jack]

14 hours ago, flanagaj said:

I should have been a bit clearer.  These reports were done as part of the original planning application, by the vendor who we purchased the land from.

 

This is slightly different. I thought from your first post that you'd paid for them and were going to re-use them.

It's probably still fine to do what you've done. It's hard for a company that isn't trading any more to sue you for copyright infringement!

[kandgmitchell]

Will anyone from the defunct company ever know?? Or care??

[Jilly]

It’s not like you are pinching a neighbour‘s report.