LIME infringes intellectual property rights
THE EDITOR, Sir:As we draw close to the end of 2014, undoubtedly the 2015 edition of the LIME/Yellow Pages telephone directory will be published in a couple of weeks and be distributed to a number of offices and residents all across the island. I can only hope that the company does not make the same mistake that was made in their last publication.
If you recall, the business edition of the LIME directory had a scenic photo of the heart of New Kingston. At first glance, one may marvel at the lighting and the contrast in colour of this well-distributed publication. A number of buildings contribute to this picturesque aerial view, all of which were designed by several architects who retain the copyrights in the reproduction or depiction of their buildings.
Section 3 (4) of the Copyright Act clearly includes in the scope of 'works' to be protected under the scheme of the act, Architectural Intellectual Property (IP). Section 14 of the act entitles the author of any such work the moral right to be identified whenever such work is published.
Despite my letter to LIME seeking a mutually beneficial means of recourse, the com-pany refused to compensate, apologise or offer any alternative. Instead, a letter signed by LIME's CEO was sent gran-ting his company a contested licence authorising use of the image for its mobile Internet advertising, outdoor advertising, newspaper and television campaigns.
Other concerned architects and myself are of the opinion that this approach is both unprofessional and immoral. Many of whom I spoke with stated they would be satisfied with a mere mention inside the publication. Although my lawyer asserted that LIME was in breach of the aforementioned act, the company claimed that it was not.
This is a very unfortunate incident as the company has little respect for the laws of this country and refused to even offer an apology. LIME may think this issue will blow over; but I am prepared to go to court if nothing is done to compensate us for a blatant breach of the law.
I am surprised that a com-pany as well respected as LIME would resort to this barefaced and unabashed manner regarding a legitimate claim made by a Jamaican.
Registered Architect, JIA