Copyright

[Tim Lamb]

I know this has been done to death but Googling failed to identify comment on my particular circumstances.

As part of the run up to a planning application on land in adjoining ownership, I commissioned and paid for a traffic survey.

The results were passed to a developer in hopes of a joint development venture. There was no written agreement other than my covering letter. An initial application using the traffic data and part of my land failed or was withdrawn. A subsequent application, still using my traffic data but not requiring any of my land succeeded.

I have managed to stop kicking myself and am now looking for ways to lever myself back into this project. The land may still be of use to the eventual builders but this is vastly different from being part of the successful application:-(

Q1. Assuming the data should not have been used without formal agreement, can I claim anything more than my actual outlay?

Q2. Are there any other angles I should consider? Unfortunately this land is some 40m distant and neither the adjoining neighbour, the developer or the planning authority advised me of either application.

regards

[dom]

Do you think this is an oversight on the part of the developer or an attempt to scam you? If the former, use your undoubted charm to get back in the loop (or at least some benefit in kind). If the latter, I should drop hints to the developer about coming up with something about the development putting your cows off milk production. Having seen the lane where you live - that must have been one hell of a traffic survey

- 2 horses, 1 dog, 3 chickens!

[Keith (Dorset)]

Hi Tim,

I hope I have understood you correctly. As a photographer for 30 years I have a basic grasp of reasonable grasp of UK basic copyright law.

I am not offering you legal advice but here's a very general 'rule-of-thumb' to go by:

FACTS cannot be copyrighted - but the WAY IN WHICH THEY ARE PRESENTED automatically becomes copyright of the author - or, depending on circumstances, the person who commissioned the work.

So, if someone has substantially copied the document in which the data you commisioned has been presented, without permission, you may be able to take legal action against the infringer.

However, if they have just used the data - whether you paid to have it collected or not, you most likely won't.

Breach of Contract between yourself and whoever collated the data may be an issue, but this is another matter entirely.

re.

hope this helps

Cheers,

Keith

[meow2222]

To get a tenner in recompense? I'd be surprised if one copy were worth suing over.

NT

[Tim Lamb]

In message , " [e-mail]" writes

No chickens. I doubt if the original intention was to remove us from the loop but by demolishing a house different sight lines meant our land was not essential to the project.

regards

>

[Tim Lamb]

In message , "Keith (Dorset)" writes

Yes. The data has been copied in support of a planning application without my knowledge or permission. Does inferred permission to use the data on one occasion allow use on other occasions?

No. They were not involved beyond collating the original data. I supplied a copy for what was intended to be a joint application.

regards

[Tim Lamb]

In message , Tim Lamb writes

So that's where it went! Sorry aimed at uk.legal:-)

regards

[jim]

//snip//

IANAL, but depends what was agreed - that was in writing wasn't it?

there +could+ be 2 interlinked copyrights here - yours and the the owner of the results of the collation.

You'd really do best posting in one of the legal groups, though by all accounts advice quality is variable there. However SFAIUI the copyright holder with money to pay lawyers is in quite a powerful position. Even a simple reference or quotation can be banned by injunction. Robert Maxwell got away with =A3=A3=A3=A3=A3m using these laws.

It's possible there's other rights such as design copyright and contract infringment which a smart lawyer might pick up on for you, but you need the finance to pursue your case. Might be better to see if you can make an alternative proposal which puts more money in the builder's pocket whilst at the same time lining yours. Could you suggest a way of fitting in an extra house using your land?

Bear in mind that your loss for legal compensation purposes is likely to be just the cost of your survey & associated work: loss of your hope for =A3=A3=A3 gain won't come into it (unless that is there is/was an underlying formal agreement - which doesn't have to be in writing, but its existence must be provable - between you to undertake the development).

HTH

[Tim Lamb]

In message , jim writes

This is my plan. I'm trying to get ammunition to force them to re-consider.

I understand you cannot claim for something you never had; hope value.

Ta. Re-posted to uk.legal now.

regards

[Keith (Dorset)]

This is not a suggestion...

Keith

[jim]

If you're still here - you've got me wondering whether your problem is, as an "amateur" ie someone not in the business so to speak, that you lack 'bargaining muscle'.

That's where a solicitor might help - insistent letters etc to the errant builder could possibly bring him back to the negotiating table.

Alternatively you could possibly look out for someone in the property development business (estate agent, surveyor, architect, planning specialist etc) to advise you & perhaps deal with the other party.

It is quite possible you are being seen as the weak party who can be ridden over roughshod, and the consequent risk that you will cause expensive trouble is deemed low..

Good luck.

[Tim Lamb]

In message , jim writes

Still here.

Umm.. This site has rumbled on for several years and I used a Solicitor specialised in planning law for advice from the outset. What has changed is the local policy on *backland* development and dwelling density such that a scheme put forward 10 years ago and refused has now been accepted on a much smaller site.

Professional advice, apart from muttering about ethics, has been to drop it:-(

Yes. I am going to, very humbly, suggest how much better the site could be with some more land.

regards