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Church will have problems suing Sony, says legal expert

No copyright infringement says legal eagle

NEWS: 12 June 2007 15:18 GMT by Chris Ford

Following the hoo-ha regarding Sony’s use of Manchester Cathedral in Resistance: Fall of Man, a solicitor has stated that any legal action would have to be hard fought on the Church’s behalf.

Since the news broke last weekend, some have suggested that the Church of England would pursue the matter in the courts.

Speaking to GamesIndustry.biz Alex Chapman of Campbell Hooper solicitors said, "The Church will have an uphill battle in a legal claim against Sony, and indeed it is likely that there is no basis for a claim."

Much of the issue centres around copyright infringement but the law "explicitly states that it is not copyright infringement to represent certain artistic works that are on public display". This would include buildings and sculptures which are "permanently situated in a public place or in premises open to the public".

So Chapman went on to explain, "The inclusion of the Cathedral in the game could not be considered to be an infringement of any copyright in it."

Copyright only exists up to 70 years after the creator dies. Obviously, in the case of Manchester Cathedral which was started in 1215, this happened hundreds of years ago.
Chapman went on to explain where Sony might be held to account.

"What isn't fair game, however, is if the building is presented in a way that could be said to be defamatory in relation to those associated with it and this might be what the Church is more concerned about.”

"Also if the representation of the building could be argued to have become so closely associated with a business that its representation amounts to a false endorsement of Sony or its products, or it is registered as a trademark, there may be issues."

>> Read - Church takes offence at PS3 Resistance: Fall of Man


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