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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Copying for private use: to be quashed with prospective or retrospective effect? – UK Human Rights Blog

Posted July 21st, 2015 in consultations, copyright, human rights, intellectual property, news by tracey

‘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) – read original judgment and [2015] EWHC 2041 (Admin), 17 July 2015. On 19 June 2015, Green J ruled that an exception to copyright infringement for private use was unlawful, at common law, because of flaws in the consultation process which had preceded its enactment.’

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UK Human Rights Blog, 19th July 2015

Source: www.ukhumanrightsblog.com

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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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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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Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims – Competition Bulletin from Blackstone Chambers

Posted July 3rd, 2015 in copyright, EC law, judicial review, news, proportionality, state aids by tracey

‘On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow “private copying” exception to the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”). The decision is of interest to EU and competition lawyers for two reasons: (1) its examination of the standard of review in public law cases with an EU law dimension and also (2) its analysis of the state aid issues which were raised.’

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Competition Bulletin from Blackstone Chambers, 2nd July 2015

Source: www.competitionbulletin.com

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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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UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com

Posted June 23rd, 2015 in compensation, copyright, EC law, intellectual property, news, proportionality by tracey

‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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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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Dispelling myths about EU law – OUP Blog

Posted June 17th, 2015 in copyright, EC law, intellectual property, news, patents by sally

‘What are the most common myths surrounding the laws of the European Union? We asked two experts, Phil Syrpis and Catherine Seville, to describe and combat some misconceptions. From the Maastricht Treaty to intellectual property law, here are some of the topics they addressed.’

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OUP Blog, 17th June 2015

Source: www.blog.oup.com

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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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Senior judge says the UK needs a new Copyright Act – OUT-LAW.com

Posted April 30th, 2015 in copyright, EC law, intellectual property, internet, judges, legislation, news, speeches by sally

‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’

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OUT-LAW.com, 29th April 2015

Source: www.out-law.com

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Copyright rules do not provide freedom to retransmit TV programmes online, says UK government – OUT-LAW.com

Posted April 15th, 2015 in copyright, internet, news, video recordings by sally

‘UK copyright laws do not provide online content providers with freedom to retransmit TV programmes shown by UK public service broadcasters (PSBs) to fixed-line internet users who could otherwise watch the programmes on TV, the UK government has said.’

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OUT-LAW.com, 10th April 2015

Source: www.out-law.com

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Jeremy Phillips talks to Law Vox – OUP Law Vox

Posted March 25th, 2015 in copyright, human rights, intellectual property, news, patents by sally

‘George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.

Jeremy Phillips – Intellectual Property Consultant, Olswang, London; Professorial Fellow at the Queen Mary Intellectual Property Research Institute. Editor of Journal of Intellectual Property Law & Practice
An Honorary Research Fellow of the Intellectual Property Institute and Professorial Fellow, Queen Mary Intellectual Property Research Institute, Professor Phillips has held positions in several leading academic institutions. He is the founder editor of the Journal of Intellectual Property Law & Practice and is also blogmeister of the IPKat and other weblogs.

In this podcast Jeremy outlines the field of IP law and how it was seen at the start of his intellectual property law career. Jeremy discusses how intellectual property evolved and grew to encompass many different features. He talks about how intellectual property interacts with the commercial world, including copyright in books and patents in pharmaceuticals, and how intellectual property law works in tandem with human rights law, and he also describes how the practical application of intellectual property works, and how human behaviour influences this.’

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OUP Law Vox, 22nd March 2015

Source: www.soundcloud.com/oupacademic

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Juncker’s Utopia: a virtual Europe without borders – RPC IP Hub

Posted March 13th, 2015 in copyright, EC law, electronic commerce, internet, news by sally

‘It is 2015 and the relentless appetite for consumption of content has never been greater. Consumers demand access to content that is immediate and available anytime anywhere in Europe without restriction. Binge viewing is the new norm. The desire for a virtual Europe without borders is palpable. But how does all this sit with Europe’s copyright laws? ‘

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RPC IP Hub, 6th March 2015

Source: www.rpc.co.uk

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Music dominates High Court copyright disputes – Law Society’s Gazette

Posted February 18th, 2015 in copyright, licensed premises, licensing, media, news, sport by sally

‘Pubs playing music and showing football matches without permission are the most frequent subject of copyright cases in the High Court, research by City firm RPC has revealed.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

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Is linking to illegally uploaded content allowed? – Technology Law Update

Posted February 2nd, 2015 in copyright, EC law, internet, news by sally

‘We all becoming experts in the manipulation and sharing of electronic text and images. Sharing, linking and embedding material is ever easier using a range of different devices. So what does copyright law have to say about this?’

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Technology Law Update, 30th January 2015

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

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Copyright owners free to choose where to bring web infringement claims but restrictions placed on damages – OUT-LAW.com

Posted January 29th, 2015 in copyright, damages, EC law, foreign jurisdictions, internet, news by sally

‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’

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OUT-LAW.com, 27th January 2015

Source: www.out-law.com

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What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law

Posted December 15th, 2014 in copyright, damages, intellectual property, interpretation, news by tracey

‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’

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NIPC Law, 13th December 2014

Source: www.nipclaw.blogspot.co.uk

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Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd – NIPC Law

Posted December 11th, 2014 in Community designs, copyright, EC law, intellectual property, news by sally

‘In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd. [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one.’

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NIPC Law, 11th December 2014

Source: www.nipclaw.blogspot.co.uk

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