Privacy Policy & Copyright Enforcement Guidance.

JOHN KERR FOTO understands that your privacy is important to you and that you care about how your personal data is used. [We] OR [I] respect and value the privacy of everyone who visits this website, (“[Our] OR [My] Site”) and only collect and use your personal data as described in this Privacy Policy. Any personal data [we] OR [I] collect will only be used as permitted by law.

Please read this Privacy Policy carefully and ensure that you understand it. [Your acceptance of this Privacy Policy is requested.

1.           Information About [Us] OR [Me]

[Our] OR [My] Site is [owned and] operated by JOHN KERR FOTO, a soletrader.

[Registered address: Bellaposy, 1 Netherburn Gardens, Houston, Johnstone, Renfrewshire, PA67NG.]

[Main trading address:] OR [Address:] Bellaposy, 1 Netherburn Gardens, Houston,Johnstone, Renfrewshire, PA6 7NG.

 [Data Protection Officer: John Westwater Kerr.

Email address:

Telephone number: 08448849224.

Postal address: Bellaposy, 1 Netherburn Gardens, Houston, Johnstone,Renfrewshire, PA6 7NG.]

[We are] OR [I am] regulated by rules set out by the Information Commissioners Office.] [Main trading address:] OR [Address:] The Information Commissioner's Office – Scotland 45 Melville Street, Edinburgh,EH3 7HL, Telephone: 0303 123 1115, Email:

2.           What Does This Policy Cover?

This Privacy Policy applies only to your use of [Our] OR [My] Site. [Our] OR [My] Site may contain links to other websites. Please note that [we]OR [I] have no control over how your data is collected, stored, or used by other websites and [we]OR [I] advise you to check the privacy policies of any such websites before providing any data to them.

3.           What Is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

4.           What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which [we] OR[I] will always work to uphold:

a)           The right to be informed about [our] or [my] collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact [us] OR [me] to find out more or to ask any questions using the details in Part 10.

b)           The right to access the personal data [we]OR [I] hold about you. Part9 will tell you how to do this.

c)           The right to have your personal data rectified if any of your personal data held by [us] OR [me] is inaccurate or incomplete. Please contact [us] OR [me] using the details in Part 10 to find out more.

d)           The right to be forgotten, i.e. the right to ask[us] OR [me] to delete or otherwise dispose of any of your personal data that [we] OR [I] hold. Please contact [us]OR [me] using the details in Part 10 to find out more.

e)           The right to restrict (i.e. prevent) the processing of your personal data.

f)            The right to object to [us] OR [me] using your personal data for a particular purpose or purposes.

g)           The right to withdraw consent. This means that,if [we are] OR [I am] relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

h)           The right to data portability. This means that,if you have provided personal data to [us] OR [me] directly, [we are] OR [I am] using it with your consent or for the performance of a contract,and that data is processed using automated means, you can ask [us]OR [me] for a copy of that personal data to re-use with another service or business in many cases.

i)             Rights relating to automated decision-making and profiling. [We] OR [I]do not use your personal data in this way.

For more information about [our] OR [my] use of your personal data or exercising your rights as outlined above, please contact [us] OR [me] using the details provided in Part10.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data [we] OR [I] hold about you changes, please keep [us] OR [me] informed as long as [we]OR [I] have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about [our] OR [my] use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. [We]OR [I] would welcome the opportunity to resolve your concerns [ourselves] OR [myself], however, so please contact [us] OR [me] first, using the details in Part 10.

5.           What Personal Data Do You Collect and How?

Subject to the following, [we] OR [I] do not collect any personal data from you. [We] OR [I] do not place cookies on your computer or device, nor do [we] OR [I] use any other means of data collection.

If you send [us] OR [me] an email, [we] OR [I] may collect your name, your email address, and any other information which you choose to give [us] OR [me]. For the purposes of the Data Protection Legislation, [We are] OR [I am] the data controller responsible for such personal data.

The lawful basis under the Data Protection Legislation that allows [us] OR [me] to use such information is article 6(1)(f) of the GDPR which allows [us] OR [me] to process personal data when it is necessary for the purposes of [our] OR [my] legitimate interests, in this case, the proper operation and functionality of [Our] OR [My] Site. [If you contact [us]OR [me] as described above, you will be required to consent to [our] OR [my] use of your personal data to contact you. In this case, [our] OR [my] lawful basis for using your personal  data will be article 6(1)(a) of the GDPR, which allows [us] OR [me] to use your personal data with you consent for a particular purpose or purposes.]

6.           How Do You Use My Personal Data?

Where [we] OR [I] collect any personal data, it will be processed and stored securely,for no longer than is necessary in light of the reason(s) for which it was first collected. [We] OR[I] will comply with [our] OR [my] obligations and safeguard your rights under the Data Protection Legislation at all times. For more details on security see Part 7, below.

As stated above, [we] OR [I] do not generally collect any personal data directly from you, but if you contact [us] OR [me] and [we] OR [I] obtain your personal details from your email, [we]OR [I] may use them to respond to your email. The other technical data referred to above is necessary for the technical operation of [Our] OR [My] Site [and will not normally be used in any way to personally identify you].

Any and all emails containing your personal data will be deleted no later than 12 months after you have contacted us and no other personal data will be retained for any longer than is necessary.

[We] OR[I] will not share any of your personal data with any third parties for any purposes [other than storage on an email and/or web hosting server].

7.           How and Where Do You Store My Data?

[We] OR[I] will [only store your personal data] OR [store some of your personal data] in the UK. This means that it will be fully protected under the Data Protection Legislation.]


[[We] OR[I] will [only store your personal data] OR [store some of your personal data] within the European Economic Area (the “EEA”). The EEA consists of all EU member states,plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, the GDPR, and/or to equivalent standards by law.]


[We] OR[I] [may] store some or all of your personal data in countries that are not part of the [European Economic Area (the “EEA” consists of all EU member states, plus Norway,Iceland, and Liechtenstein)] OR [EEA]. These are known as “third countries”and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that [we] OR[I] will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

[We] OR[I] store your data with [external third parties] OR [an external third party], as detailed below in Part 8, that [are] OR [is] based outside of the EEA. The following safeguard[s] [is] OR [are] applied:

[We] OR[I] will only transfer your personal data to third countries whose levels of data protection are deemed ‘adequate’by the European Commission. More information is available from the EuropeanCommission.]


[We] OR [I] use [specific contracts with external third parties that are] OR [a specific contract with the external third party that is] approved by the European Commission for the transfer of personal data to third countries. Contracts like this require the same levels of personal data protection that would apply under the Data Protection Legislation. More information is available from the European Commission.]


[Where [we]OR [I] transfer your data to a third party based in the US, the data may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.]]

Please contact [us] OR [me] using the details below in Part 10 for further information about the particular data protection mechanism[s] used by [us] OR [me] when transferring your personal data to a third country.]

Personal data security is essential to [us] OR [me], and to protect personal data, [we]OR [I] take the following measures:

·        limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;

·        procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where [we are] OR [I am] legally required to do so;

8.           Do You Share My Personal Data?

[We] OR [I] will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].

[If [we]OR [I] sell, transfer, or merge parts of [our] OR [my] business or assets, your personal data may be transferred to a third party. Any new owner of [our] OR [my] business may continue to use your personal data in the same way that [we] OR [I] have used it, as specified in this Privacy Policy (i.e. to communicate with you).]

In some limited circumstances, [we] OR [I] may be legally required to share certain personal data, which might include yours, if [we are] OR [I am] involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.]


[We] OR [I] do not contract with third [parties] OR [party] for hosting and data storage purposes:

If any of your personal data is transferred to a third party,as described above, [we] OR [I] will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, [our] OR [my] obligations, and the third party’s obligations under the law, as described above in Part 7.]

[If any personal data is transferred outside of the EEA, [we] OR [I] will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 7.]

[If [we]OR [I] sell, transfer, or merge parts of [our] OR [my] business or assets, your personal data may be transferred to a third party. Any new owner of [our] OR [my] business may continue to use your personal data in the same way(s) that [we] OR [I] have used it, as specified in this Privacy Policy (i.e. to communicate with you).]

In some limited circumstances, [we] OR [I] may be legally required to share certain personal data, which might include yours, if [we are] OR [I am] involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.]

9.           How Can I Access My Personal Data?

If you want to know what personal data [we] OR [I] have about you, you can ask [us]OR [me] for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 10. [To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell [us] OR [me] everything [we] OR [I] need to know to respond to your request as quickly as possible.]

There is not normally any charge for a subject access request.If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover [our] OR [my] administrative costs in responding.

[We] OR [I] will respond to your subject access request within [21 days and, in any case, not more than] one month of receiving it.Normally, [we] OR [I] aim to provide a complete response, including a copy of your personal data within that time.In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date [we]OR [I] receive your request. You will be kept fully informed of [our] OR [my] progress.

10.        How Do I Contact You?

To contact [us] OR [me] about anything to do with your personal data and data protection,including to make a subject access request, please use the following details [(for the attention of John Kerr

Email address:

Telephone number: 08448849224.

Postal Address: Bellaposy, 1 Netherburn Avenue, Houston, Johnstone, Renfrewshire PA6 7NG.

11.        Changes to this Privacy Policy

[We] OR [I] may change this Privacy Notice from time to time. This may be necessary,for example, if the law changes, or if [we] OR [I] change [our] OR [my] business in a way that affects personal data protection.

Any changes will be immediately posted on [Our] OR [My] Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of [Our] OR [My] Site following the alterations. [We] OR [I]recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 12/04/2019

Copyright Enforcement Guidance

1 A Brief Introduction to Copyright

Governed in the UK by the Copyright Designs and Patents Act 1988, copyright is an intellectual property right which protects various different types of material and bestows upon the creator and/or owner of that material a number of exclusive rights including the right to permit or deny the copying of that material.

Copyright protects various different types of material which can be broken down into the following categories:

-       Literary, dramatic and musical works;

-       Certain databases;

-       Artistic works;

-       Sound Recordings;

-       Films;

-       Broadcasts; and

-       The typographical arrangement of published editions.

Itis important to bear in mind that the above categories, though clearly separate, may become mixed in a real-world work or product.  It is common, therefore, for multiple copyright works to form part of one overall product.

Copyright protection, unlike patent protection or a registered trademark, arises automatically.  Although certain organisations provide for voluntary forms of registration, no official registration is required for copyright to take effect.  Unlike the use of the ® symbol in relation to trademarks, therefore, you need to observe no formalities in order to use the ©symbol in relation to copyright.  Indeed it is advisable to use this on your work, noting also the year that the work was created and the name of the copyright owner.

Although there are no registration requirements to be met, works must meet certain criteria in order to qualify for copyright protection.  Most importantly, no work can be protected by copyright unless it is recorded or “fixated” in some form.  This reflects the notion that copyright protects the expression of an idea rather than the idea itself.

To further establish the date of creation of a copyright work, it may be advisable to send yourself a copy of that work by special delivery post or to lodge a copy of it with a bank or solicitor. This can prove useful in the event of later disputes as to the date of creation and originality of a work.

2 Infringement

Copyright owners have certain rights in relation to their works which are exercisable by them alone.  Acts which may be carried out in relation to copyright works are known as “restricted acts”.  These restricted acts are as follows:

-       Copying the work;

-       Issuing copies of the work to the public;

-       Renting or lending the work to the public;

-       Performing, showing or playing the work in public;

-       Communicating the work to the public;and

-       Making adaptations of the work (or performing any of the above acts in relation to such adaptations).

If anyone other than the copyright owner performs any of the restricted acts without the copyright owner’s consent, or authorises another to perform those acts, that party will be infringing copyright. 

It is important to note that the restricted acts need not be performed in relation to a whole copyright work in order for there to be infringement.  Performing the acts in relation to a“substantial part” is enough.  Defining a“substantial part” can be tricky as it is not defined anywhere in copyright law.  When determining whether a substantial part of a work has been infringed, the assessment will be qualitative rather than quantitative.

Certain acts are still permitted even though they may at first appear to constitute infringement.  These acts fall under the following headings:

-       The making of temporary copies;

-       Incidental inclusion;

-       Criticism, review and news reporting;

-       Educational Use;

-       Use by libraries, archives;

-       Use for public administration;

-       Public interest;

-       Copying for the visually impaired; and

-       Works permanently situated in public places.

Temporary Copies

Copyright is not infringed by the making of temporary copies which are “transient or incidental” where the making of those copies is an integral and essential part of a technological process where that process serves to transmit the work over a network via an intermediary or some other lawful use of the work.  This is subject to one key condition that the temporary copy must have no independent economic significance.  It is also important to note that this exception does not apply to a computer program or database.

Incidental Inclusion

This exception applies primarily to artistic works, sound recordings, films and broadcasts.  There is no infringement if a copyright work is “incidentally included” in such a work. As to what is classed as “incidental”, this will be assessed on a case-by-case basis but may generally be taken to refer to little more than a fleeting glance or something which is barely discernible in the background.  The inclusion of music is not so straightforward.  Music can still be “incidentally included”, however if its inclusion is deliberate (for example, background music deliberately played to ‘set the scene’) then it will not fall within this exception.

Criticism, Review and News Reporting

Another of the “fair dealing”exceptions, the use of a work for the purposes of criticism or review does not infringe copyright provided that a sufficient acknowledgement is given.  This exception applies either to the work being reviewed or another work which is used for the purpose of reviewing it.  It is important to note that the work in question must have been made available to the public.

With the exception of photographs, a work may be used for the purpose of reporting current events (i.e. news)provided that a sufficient acknowledgement is given.  It should be noted that acknowledgement is not required when reporting current events using film, broadcast or sound recordings where to give such an acknowledgement would be impossible.

Educational Use

This category of exception can be further divided into the following

-      Research and private study;

§ This exception applies to non-commercial research and students.  Limited copying and the taking of short extracts are permitted.  It is important to note that this exception applies only to literary, dramatic, musical or artistic works or the typographical arrangement of a published edition.

§ Generally speaking any work used should be acknowledged however if it would be impossible(from a practical standpoint) to give an acknowledgement, this requirement is waived.

-      Things done for the purposes of instruction or examination;

§ Thisexception covers the copying of literary, dramatic, musical or artistic works for use in teaching provided reprographic methods are not used.  Photocopying (or other mass duplication) is therefore not permitted under this exception. This applies to copying which may take the form of, for example, a teacher writing material on a whiteboard or students writing, typing or drawing their own copies of works.

§ Copies may also be taken for examinations under this exception; however this does not extend to the copying of sheet music for performance in an examination.

-      Anthologies for educational use;

-      Performing,playing or showing work in the course of the activities of an educational establishment;

§ This exception is more limited than it may first appear.  It will not, for example, apply to a school play to which parents are invited. Instead, this exception covers the performance, playing or showing of copyright works to teaching staff, students and others directly connected with the activities of the educational establishment.

-      Reprographic copying by educational establishments of passages from published works;

§ Again,this exception is far more limited than its title suggests. Numerous conditions apply.  Most notably, no more than 1% of any work may be copied in any calendar quarter. In any event, no copying is permitted without a licence where licences are available and the person making the copies either knew or ought to have been aware of that fact.  Simply put,therefore, this exception is of extremely limited practical use.

-      Lending of copies by educational establishments.

Libraries and Archives

This exception is perhaps one of the most complex.  In simple terms, public libraries do not infringe copyright by lending books within the Public Lending Right scheme.  Similarly, not-for-profit,non-public libraries prescribed by the Secretary of State do not infringe copyright by lending copies of works. Furthermore, such prescribed libraries may also produce single copies of works for lending to readers for the purposes of private study or research.  The borrowers of such copies must pay a sum which is at least equivalent to the cost of producing the copy.

Public Administration

Copyright in works is not infringed by various actions which fall broadly under the following headings:

-      Parliamentary and judicial proceedings;

-      Royal Commissions and statutory inquiries;

-      Material open to public inspection or on an official register;

-      Material communicated to the Crown in the course of public business;

-      Public records; and

-      Acts done under statutory authority.

It is important to note, however, that the exception does not extend to the copying of a work which is created as apart of such public administration. Hansard reports of parliamentary proceedings, for example, are protected by Parliamentary copyright.

Public Interest

Another seemingly broad exception, the public interest exception is also one which is largely undefined.  It is perhaps better to think of the public interest exception as a defence to a claim of copyright infringement.  Certain works may be viewed as undeserving of copyright protection – for example works published in breach of confidence or, perhaps, those which might be deemed to be obscene.  On the flip-side, copyright protection may be overlooked in cases where it is in the public interest that the works in question be disseminated widely. It should, however, be noted that the boundaries of this defence are both uncertain and narrow.  Matters pertaining to the public interest will often be limited to those relating to national security, illegality, fraud or matters which could be ‘destructive’ to the country or its people.

Copying for the Visually Impaired

Provided that a visually impaired person lawfully possesses a ‘master copy’ of the work in question which, as a result of their visual impairment is ‘inaccessible’, they may create an accessible copy for personal use. Certain approved bodies may make multiple copies, again provided they have lawful possession of a ‘master copy’ of the work in question.

Works Permanently Situated in Public Places

Finally, the copyright in buildings,sculptures, models for buildings and works of artistic craftsmanship is not infringed by the making of a graphic work which includes such a work, by taking photographs or films or by including a visual image of such a work in a broadcast.  This exception applies provided that the work (building, sculpture, etc.) is permanently situated in a public place or in premises which are open to the public.

3 Computer Programs

Thus far, we have overlooked a very important type of copyright work: the computer program.  Many restrictions and exceptions relating to computer programs will be set out in licence agreements.  Most acts which are restricted with respect to software, then, will be dealt with under the terms of the end user licence agreement.

Outside of the licence, however, there are certain acts which may appear to infringe the copyright that subsists in that software which are, in fact, permitted:

-      Making back-up copies of computer programs which are necessary for the purposes of the lawful use of the program in question;

-      Decompiling computer programs in order to obtain information necessary to create a new program which will be compatible with the decompiled program;

-      Observing,studying and testing computer programs in order to determine the ideas and principles which underlie any particular element of the program in question whilst loading, displaying, running, transmitting or storing the program as entitled to; and

-      Copying or adapting computer programs either as is necessary for lawful use (provided that copying or adapting is not contractually prohibited, for example, by the end user licence agreement).  A particular example in this case is error correction.

It is important to note that software licences (or other contracts or agreements)may not prohibit or restrict the first three of the above acts.  Any clauses which purport to do so would beheld as void under the terms of the Copyright Designs and Patents Act 1988.

4 Dealing With Infringement

If none of the exceptions detailed above apply to a third party’s actions with respect to your copyright, you may have legitimate grounds to claim for copyright infringement.  This does not,however, mean that your first step should be to run to your lawyer’s office and sue the infringer for every penny they have got.

The first step, in any event, is to gather your evidence:

-      Firstly,be sure to obtain a copy of the infringing work.  Ensure that you have as much evidence as possible in this regard to prove the existence of the infringing work.

-      Next,you should take a copy of your own work, clearly indicating where there are similarities between your work and the infringing work.  If you had previously taken steps to create a“registration copy” of the work (for example, by posting a copy to yourself by registered post), now is the time to find it and have it ready in the event that the infringer challenges your claim.

-      If you have any additional documents or evidence that can be used to further prove your ownership of your work and the date on which it was created, gather this together too.  Useful examples of such evidence may include letters, minutes, notes, drafts, sketches and previous (or developmental) versions of the work.

The next step is to contact the infringer.  A cease and desist letter is usually the best means of contact.  A cease and desist letter should:

-      Establishyour ownership of your work;

-      Set out your allegation of infringement;

-      Set out your requests which should, first and foremost, include the requirement to cease and desist the recipient’s infringement; and

-      Establish a deadline for the recipient’s acknowledgement and response.

The requests made by a cease and desist letter (in addition to the obvious) may include one or more of the following:

-      The payment of a backdated licence fee;

-      The payment of licence fees henceforth (in which case, the infringer may continue to exploit your work lawfully under a licence);

-      The attachment of a credit to the infringing work (which, again, will likely mean that the work is no longer infringing and is used under a licence from you);

-      The delivery-up of all copies of the infringing work to you for destruction; or

-      A written undertaking from the infringer stating that they will cease and desist from infringing your work and further that they will obtain your express written consent in the future for any further use of your work.

Choosing the right combination of requests is important and will also determine the‘tone’ of your letter.  Simply demanding that the recipient cease and desist their actions and deliver-up the infringing copies to you for destruction may be received rather differently to a letter which offers the option of, for example, a waiver of the previous infringement and the establishment of a licence agreement to legitimise the infringer’s on-going use of your work.

Ultimately,the requests made and the tone in which they are made must be decided based upon the circumstances and indeed the severity of the infringement.  No cease and desist letter comes with a guarantee of success, but if your requests are reasonable and supported by sound evidence, you will likely meet with greater success.

What if my allegation is disputed?

Depending upon the nature of the infringer’s rebuttal, there may still be an opportunity to resolve the matter privately simply by discussing the matter.  This may still not yield the desired result,however all is not yet in the hands of the courts.

If the infringing party is open to the idea, it may be advisable to turn to some form of alternative dispute resolution prior to an all-out claim for infringement.  Mediation, for example,may resolve the matter without the need to incur the considerable time and expense associated with taking the matter to court.

If neither private attempts at a resolution nor the use of alternative dispute resolution methods have succeeded then it may be time to seek legal advice on an action for infringement.  Under the provisions of the Copyright Designs and Patents Act 1988, copyright owners may,under an action for infringement, obtain relief which may take the form of damages, injunctions or an account of profits.

©2021 John Kerr Foto. All Rights Reserved

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