Lyall Hakaraia Copyright
October 2007
Introduction
This information provides you with details about Lyall Hakaraia designs and fashion accessories and describes how you can apply for and get permission to re-use these designs and fashion accessories, together with links to the application form for permission. It also details our commitment to openness and transparency in relation to information and acknowledgement of all fashion designers work.
About copyright and other intellectual property rights
All material created by Lyall Hakaraia and any other artist or designers work featured at www.hakaraia.com is subject to UK copyright protection and registered licence protection in countries outside of the UK. We control the copyright to our work (which includes all pattern cutting, working papers, samples, media, completed fashion and design items, information, database rights, logos and visual images), under the law of the United Kingdom (and our internationally registered trademark) .
Material from other organizations
You may not sell or resell any information reproduced from this website or our business operations to a third party without prior agreement.
The permission to reproduce Lyall Hakaraia’s copyright protected material does not extend to any other material on this website www.hakaraia.com, which is subject to a separate license or is the copyright of a third party. In addition to our permission to reproduce material, separate authorization to reproduce material from other organizations must be obtained from the copyright holders concerned. Wherever possible and appropriate we will indicate whether material is subject to third party copyright.
Our commitment to fashion design fair trading
We are committed to trading in fashion design fairly, and have sought accreditation to the British Apparel and Textile Confederation (BATC). Lyall Hakaraia has made a personal commitment to trading copyright designs fairly. Further information about current copyright law can be found at sources on the world wide web.
How to get permission to reproduce or distribute our material
Applications to reproduce our material should be made in writing, and should be sent to the Lyall Hakaraia at the address below:
Lyall Hakaraia
66 Stoke Newington Road
London N16
United Kingdom
Fax: +44 (0)
E-mail: admin@hakaraia.com
Re-use in copyright terms is the handling of fashion designs in a way that was not originally intended. The acts restricted by copyright are: copying, adapting, developing, adding value, broadcasting and commercially exploiting.
If you are not sure whether you need our permission, or have any questions in relation to this, please contact us for advice.
The application Process
We try to process all applications and provide you with a decision within twenty working days of receiving your application. For straightforward applications the process may be quicker. If all reasonable efforts have been made but details of the decision cannot be confirmed within twenty days, you will be informed as soon as possible.
Granting permission to re-use Lyall Hakaraia designs or images
If your request is granted (and a formal license is not required) you will receive a letter granting permission to reproduce the material in question.
If you are granted permission to reproduce Lyall Hakaraia material and a formal license is also required, you will receive license terms and conditions (together with the cost for re-use) for you to accept. Details of licensing terms and conditions together with costs, discounts and waivers are given below.
Once you have accepted the terms and conditions a formal license will be drawn up and sent to you for signature, together with a fee request for payment.
Exceptions
In principle, all designs and design images can be licensed for legitimate re-use by an applicant. However, we may refuse to grant certain applications to re-use Lyall Hakaraia copyright material that:
- is restricted by legislation, for example the Data Protection Act and Freedom of Information (FOI) Act;
- is protected by the rights of another organization and that organization has not given their permission for re-use;
- is constrained in practice, by limitations of current technology;
- may damage the reputation of Lyall Hakaraia; for example, to re-use fashion designs in a way that targets vulnerable groups;
- is intended to be used in a way that could mislead the public;
- has been superseded or is out of date, unless there is an intention to make it clear that that more up-to-date design is available.
- It is considered reproduction would reduce the value of the current Lyall Hakaraia brand value
Lyall Hakaraia may also refuse to grant certain applications seeking to:
- produce an exact copy (or a very similar copy) of one of his products or of a product he plans to produce within twelve months of the application;
- reproduce material that could affect his ability to meet his own business targets; or
- produce a product that, in his opinion, is likely to affect safety;
- use the material for advertising or promotional reasons which are of no benefit to Lyall Hakaraia.
If your application for re-use is refused, full reasons will be given. You will also have the opportunity to appeal against the decision (details of the appeals process can be found below). In all circumstances Lyall Hakaraia will, where possible, offer the applicant an alternative option.
Confidentiality
All information provided in applications to use/re-use information will be treated in confidence. Your personal data will not be made available to others for any purpose.
Licences and terms and conditions
If the Lyall Hakaraia grants permission to use/reuse his fashion designs and/or products, we will issue a license with terms and conditions, which may involve the payment of a fee.
Licenses, and conditions, are based on the Lyall Hakaraia template licenses and standard terms and conditions for reproduction and/or manufacture and will be prepared and adapted to suit each individual case. When we license the use of our fashion designs, we treat all our applicants fairly and we will regularly review all of our licenses to ensure fairness and transparency We will send you full details of our terms and conditions, within the offer of a license agreement, after we have processed your application.
All licensees will also be required to identify the source of the fashion designs they are re-using and its copyright status. A sample statement will be provided.
Charging for re-use
For most of the fashion designs produced by Lyall Hakaraia, authorises users of publications and visitors to the website, to make one free copy (excluding Lyall Hakaraia logos) for the purposes of reference. For material of a more commercial nature, Lyall Hakaraia will make a charge for its re-use, recovering the cost of producing and providing the fashion design, and including a reasonable return on investment. As a boutique fashion business, Lyall Hakaraia must generate income from the sale and licensing of his services, products and fashion designs.
There are two kinds of fees: royalties and fixed fees.
Royalties
A royalty is a fee that is linked to the amount of income generated from the sale of a product designed and/or produced by the business of Lyall Hakaraia.. It is generally payable annually.
Our royalty rate is 35% and the formula used for determining royalties due is:
Royalty rate x level of income generated by the product (after taking into account the wholesaler or retailer discount) x percentage of Lyall Hakaraia Copyright material in the fashion design or media reproduction, (as judged by the Lyall Hakaraia).
If there is no selling price, or the selling price is below the fair market value for similar products, we will work out royalties based on the same market value. Lyall Hakaraia retains the right to acquire without charge, a copy of any value-added product openly marketed and sold, in order to supplement its archive.
Fixed fees
Fixed fees would normally be used in the following circumstances:
- where the fashion design is reused in a way that does not involve the offer for sale of a product or service to a customer;
- where the fashion design represents a small proportion of a large manufactured product or media production or event.
Fixed fees are payable once, or at agreed intervals.
The level of fees charged by the Lyall Hakaraia are as follows:
- £500 minimum charge for a pattern page
- £1000 between 1 and 5 £500 for every 100 pages thereafter.
- £2000 between 6 and 10 £500 for every 100 pages thereafter.
- £500 for every single pattern page thereafter.
If there is a requirement for regular updates to any fashion design being reused, then there will be additional charges for this service.
Internet/intranet use
The charging arrangements for the reuse of Lyall Hakaria Copyright material originated by Lyall Hakaraia, on an internet/intranet site, will be subject to separate negotiation, and will depend on intended use.
Bespoke services
Bespoke services will be priced on a project-by-project basis, dependent on the nature of the services and the requirements of the customer. However within any specific UK market sector, the price for identical products and services will be the same.
Discounts and waivers
Exceptional concessions may be granted to organizations or individuals for promotional or educational purposes. Where a concession is granted to an organization or individual, the same concession will be granted to like organizations or individuals in like circumstances.
If we benefit from the reuse of our fashion designs, we may consider offsetting any fees against the value of the benefit. For example:
- if you provide Lyall Hakaraia new identifiable clients which generate proven increased sales revenues.
- if your media development allows Lyall Hakaraia to offer an improvement to the customer service of his business.
For further details please e-mail admin@hakaraia.com
Copyright Infringement
Under UK law copyright infringement is a criminal offence. Whilst we actively encourage the licensed use of our fashion designs, we will protect them against unlicensed use. We constantly monitor the use of our material by other people and organizations. We will pursue any cases where material has been used/reused without our permission. It is our aim to sort out any problems amicably but we have the right to take any necessary legal action to protect our interests and the interests of our licensed customers.
Complaints
If you are dissatisfied with the response from Lyall Hakaraia to any aspect of our licensing activity you may seek an internal review of that decision. A senior Lyall Hakaraia associate, who has not previously been involved with your request, will undertake that review. All complaints should be made in writing and sent to:
Mr Lyall Hakaraia
66 Stoke Newington Road
London N16
United Kingdom
Fax: +44 (0)
Lyall Hakaraia complaint access
Please either send a written letter to the above mail address, or write to Lyall at http://www.hakaraia.com/contact.htm
We will let you know we have received your complaint within 2 working days. We aim to resolve all copyright-related complaints within twenty working days.
If you are not satisfied with our response, you should contact The Copyright Standards Office, London.. address.. XXXXX
Infringements
If copyright material is used without permission, there is a breach of copyright. Under UK law copyright infringement is a criminal offence. We are authorized to pursue all infringements of Lyall Hakaraia material.
Any proven infringements of Lyall Hakaraia material will be published in the media.