Ingenious film investors lose human rights challenge over upfront tax – The Guardian

‘More than 150 wealthy investors in controversial film investment schemes, which HMRC says amount to tax avoidance, have lost a human rights challenge to new powers tax inspectors have been deploying to demand upfront payments.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Judge refuses council permission to appeal decision on ownership of sculpture – Local Government Lawyer

Posted July 31st, 2015 in appeals, artistic works, local government, news by sally

‘A High Court judge has refused the London Borough of Bromley permission to appeal in its battle with the London Borough of Tower Hamlets over the ownership of a Henry Moore sculpture.’
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Local Government Lawyer, 30th July 2015

Source: www.localgovernmentlawyer.co.uk

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Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills – NIPC Law

Posted July 24th, 2015 in artistic works, copyright, judicial review, news by sally

‘On 16 July 2015 my heads of chambers, Tim Straker QC and Robert Griffiths QC together with my colleagues, Richard Clayton QC, Charles Morgan, Christopher Forsyth and Lee Parkhill presented our chambers annual judicial review conference. By all accounts it was a great success.’

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NIPC Law, 20th July 2015

Source: www.nipclaw.blogspot.co.uk

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Online pirates could face 10 years in jail – BBC News

Posted July 20th, 2015 in artistic works, consultations, copyright, internet, news, prosecutions by tracey

‘Online pirates could face jail terms of up to 10 years under plans being considered by the government.’

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BBC News, 18th July 2015

Source: www.bbc.co.uk

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Ownership of Sculpture – Local Government Law

Posted July 14th, 2015 in artistic works, local government, news by tracey

‘In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the Chancery Division of the High Court was asked to determine the ownership of a Henry Moore sculpture. Tower Hamlets LBC (“TH”) as the successor to the Stepney Borough Council (“SB”), pursuant to the London Government Act 1963 (“the 1963 Act”). Bromley LBC (“Br”) was the successor to the London Residuary Body (“the LRB”). The LRB was the successor to the Greater London Council (“the GLC”) pursuant to the Local Government Act 1985. The GLC was successor to the London County Council (“the LCC”) pursuant to the 1963 Act.’

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Local Government Law, 13th July 2015

Source: www.11kbw.com/blogs/local-government-law

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Fab four film remains ‘subject to contract’ – Technology Law Update

Posted July 13th, 2015 in appeals, artistic works, contracts, copyright, news, Supreme Court by tracey

‘In commercial negotiations you may have used the words “subject to contract” or something similar. But what does this actually mean?’

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Technology Law Update, 9th July 2015

Source: www.technology-law-blog.co.uk

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The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ – The Independent

Posted July 7th, 2015 in artistic works, intellectual property, news by sally

‘A legal duel between two ukulele orchestras competing over the right to their British-themed names has seen a German-backed group ordered by a court to change its name or stay out of the UK for fear of confusing fans.’

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The Independent, 3rd July 2015

Source: www.independent.co.uk

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Do you copy? UK’s new format-shifting exception found illegal – Technology Law Update

Posted June 30th, 2015 in artistic works, compensation, copyright, EC law, intellectual property, news by sally

‘You buy a CD and makes a copy for use on a portable device, or for storage in a cloud service. That’s allowed isn’t it? Well, it wasn’t strictly legal in the UK until October 2014. That was when the UK introduced a new exception from copyright infringement for personal copies for an individual’s private use. Now the new exception has been found illegal in court and hangs in the balance while the courts and the UK government decide what happens next.’

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Technology Law Update, 26th June 2015

Source: www.technology-law-blog.co.uk

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Copyright: Minder Records and Another v Sharples – NIPC Law

Posted June 23rd, 2015 in artistic works, copyright, intellectual property, news by tracey

‘S.10 (1) of the Copyright, Designs and Patents Act 1988 defines a work of joint authorship as “a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.” However, it was held by Hazel Williamson QC sitting as a judge of the High Court in Bamgboye v Reed [2002] EWHC 2922 (QB), [2002] EWHC 2922, [2004] EMLR 5 and implied by the Court of Appeal in Brooker and Another v Fischer [2008] Bus LR 1123, [2008] FSR 26, [2008] EWCA Civ 287, [2008] EMLR 13 that joint ownership is not necessarily the same as equal ownership.’

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NIPC Law, 16th June 2015

Source: www.nipclaw.blogspot.co.uk

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Copying material for private use: is it legal? – UK Human Rights Blog

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’

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UK Human Rights Blog, 20th June 0215

Source: www.ukhumanrightsblog.com

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Britain to pass new law to protect Middle Eastern artefacts from Isil – Daily Telegraph

‘ Britain will pass a new law to commit Britain to protecting cultural artefacts during armed conflicts in the wake of the destruction wrought by the so-called Islamic State on ancient ruins in Iraq and Syria. John Whittingdale, the Culture secretary, said the destruction was a “shocking threat to the world’s heritage and an affront to our common human values”.

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Daily Telegraph, 21st June 2015

Source: www.telegraph.co.uk

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Centre cancels ‘illegal’ women-only screening of film by Jewish director – The Guardian

Posted June 16th, 2015 in artistic works, equality, Judaism, news, sex discrimination by sally

‘A Jewish community centre in north west London has cancelled plans to show the controversial Israeli drama Gift of Fire after admitting proposals to ban men from a screening were most likely illegal under UK equality laws.’

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The Guardian, 15th June 2015

Source: www.guardian.co.uk

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Fall lyrics ‘hard to hear’, says judge in copyright case – The Guardian

Posted June 4th, 2015 in artistic works, copyright, intellectual property, news by sally

‘A judge ruling on a copyright dispute about rock band the Fall’s lyrics has admitted that the words were “hard to hear” due to frontman Mark E Smith’s vocal style.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

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Greece drops option of legal action in British Museum Parthenon marbles row – The Guardian

Posted May 14th, 2015 in artistic works, international courts, news by tracey

‘Greece has ruled out taking legal action in its battle to reclaim the Parthenon marbles from Britain. The unexpected move abruptly ends the legal battle in one of the world’s most bitter cultural disputes.’

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The Guardian, 13th May 2015

Source: www.guardian.co.uk

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Court sits at British Museum for first time as judge studies looted Libyan sculpture – Daily Telegraph

Posted March 31st, 2015 in artistic works, courts, customs and excise, news, theft by sally

‘Marble statue worth £2 million looted from a UNESCO world heritage site in war-torn country.’

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Daily Telegraph, 30th March 2015

Source: www.telegraph.co.uk

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Thwaytes v Sothebys – WLR Daily

Posted January 20th, 2015 in artistic works, auctioneers, duty of care, law reports, negligence by sally

Thwaytes v Sothebys [2015] EWHC 36 (Ch); [2015] WLR (D) 12

‘The standard of care imposed on an auction house where a person consigned a work of art for research and assessment was no greater than that owed to a person who consigned a work of art for sale.’

WLR Daily, 16th Janury 2015

Source: www.iclr.co.uk

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Music bodies launch legal challenge against new UK private copying rules – OUT-LAW.com

Posted November 28th, 2014 in artistic works, compensation, copyright, EC law, judicial review, licensing, news by sally

‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’

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OUT-LAW.com, 27th November 2014

Source: www.out-law.com

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Two men jailed over Dancing Jesus site music piracy – BBC News

Posted November 11th, 2014 in artistic works, intellectual property, internet, news, sentencing by michael

‘Two men have been jailed for illegally distributing music through an online music forum.’

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BBC News, 10th November 2014

Source: www.bbc.co.uk

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Orphan Works Licensing – NIPC Law

Posted November 3rd, 2014 in artistic works, copyright, EC law, intellectual property, licensing, news by sally

‘One of the consequences of extending the term of copyright in many types of copyright has been a massive increase in the number of works in which copyright subsists whose owners cannot be identified or found. Such works are known as “orphan works” and HM government claims that there are some 91 million of them in the UK alone. Because their owners cannot be traced orphan works cannot lawfully be reproduced even for preservation. Consequently, works recorded on such media as celluloid film and magnetic tape may be lost for ever. Much of that work is culturally important and some of it is of considerable scientific interest such as patient records in studies of malaria. In Digital Opportunity: A Review of Intellectual Property and Growth Professor Hargreaves described the problem of orphan works as “the starkest failure of the copyright framework to adapt.”‘

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NIPC Law, 3rd November 2014

Source: www.nipclaw.blogspot.co.uk

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IPO launches new ‘orphan works’ licensing system – OUT-LAW.com

Posted November 3rd, 2014 in artistic works, copyright, EC law, intellectual property, licensing, news by sally

‘Businesses wishing to make use of copyrighted works that have no known rights holder can now obtain a licence allowing them to use the material without infringing UK copyright laws under a new licensing system launched by the Intellectual Property Office (IPO).’

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OUT-LAW.com, 31st October 2014

Source: www.out-law.com

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