Digital Economy Act copyright regime shelved by UK government – OUT-LAW.com

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

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OUT-LAW.com, 24th July 2014

Source: www.out-law.com

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Culture of the Public Domain – A Good Thing? – UCL

Posted July 1st, 2014 in copyright, intellectual property, internet, speeches by sally

‘Speakers: Professor Hugh Hansen, Fordham Law School.’

Video

UCL, 25th June 2014

Source: www.ucl.ac.uk

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Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd – WLR Daily

Posted June 11th, 2014 in copyright, internet, law reports, licensing by sally

Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd (Case C‑360/13); ECLI:EU:C:2014:910; [2014] WLR (D) 244

‘Article 5 of Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society meant that the copies on a user’s computer screen and the copies in the Internet “cache” of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfied the conditions that those copies had to be temporary, that they had to be transient or incidental in nature and that they had to constitute an integral and essential part of a technological process, as well as the conditions laid down in article 5(5) of that Directive, and that they could therefore be made without the authorisation of the copyright holders.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

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No separate licence needed for internet browsing – Public Relations Consultants v Newspaper Licensing Agency – Technology Law Update

Posted June 9th, 2014 in appeals, copyright, EC law, internet, licensing, news, Supreme Court by sally

‘Copyright law struggles to keep up with developing technology. In February’s Svensson decision the European court said that using hyperlinks to access material already freely available on the internet did not infringe.’

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Technology Law Update, 9th June 2014

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

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Internet users cannot be sued for browsing the web, ECJ rules – The Guardian

Posted June 9th, 2014 in appeals, copyright, EC law, internet, interpretation, licensing, news, Supreme Court by sally

‘Internet users who visit a website are safe from the threat of a copyright lawsuit, thanks to a landmark case which concluded in the European court of justice on Thursday.’

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The Guardian, 5th June 2014

Source: www.guardian.co.uk

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Copyright for the digital age: a partial implementation of the Hargreaves review – Technology Law Update

Posted June 6th, 2014 in copyright, education, licensing, news by sally

‘This week saw the introduction of some of the UK government’s new exceptions to copyright. These are intended to bring in changes to update copyright law for the digital age, implementing the 2011 Hargreaves Review. But several of the more controversial measures have been held up in the parliamentary process and have yet to take effect.’

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Technology Law Update, 6th June 2014

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

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Researchers given ‘data mining’ right under new UK copyright laws – OUT-LAW.com

‘Copying content from online journals or other texts for the purposes of non-commercial research is no longer an infringement of UK copyright laws providing copiers have lawful access to that content and they, generally, make “a sufficient acknowledgement” of the original work.’

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OUT-LAW.com, 2nd June 2014

Source: www.out-law.com

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Man behind Newzbin operations found liable for copyright infringement on the sites – OUT-LAW.com

Posted May 27th, 2014 in conspiracy, copyright, fraud, intellectual property, internet, news by sally

‘The High Court has found a man liable for copyright infringement carried out on the file sharing Newzbin websites and ruled that he also part of a conspiracy to infringe copyrights and defraud film studios.’

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OUT-LAW.com, 23rd May 2014

Source: www.out-law.com

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No implied copyright licence following takeover, rules Court of Appeal – OUT-LAW.com

Posted April 15th, 2014 in appeals, computer programs, copyright, documents, forgery, licensing, news by tracey

‘A businessman who forged a document and lied about its authenticity has won a legal battle against a major financial institution over copyright.’

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OUT-LAW.com, 15th April 2014

Source: www.out-law.com

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UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another – WLR daily

Posted April 3rd, 2014 in copyright, EC law, internet, law reports by tracey

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another: (Case C-314/12); [2014] WLR (D) 148

‘A person who made protected subject matter available to the public on a website without the agreement of the copyright holder, for the purpose of article 3(2) of Parliament and Council Directive 2001/29/EC, was using the services of the Internet service provider of the persons accessing that subject matter, which had to be regarded as an “intermediary” within the meaning of article 8(3) of the Directive. The fundamental rights recognised by EU law did not preclude a court injunction prohibiting an Internet service provider from allowing its customers access to a website placing protected subject matter online without the agreement of the rightholders when that injunction did not specify the measures which that access provider had to take and when that access provider could avoid incurring coercive penalties for breach of that injunction by showing that it had taken all reasonable measures, provided that (i) the measures taken did not unnecessarily deprive Internet users of the possibility of lawfully accessing the information available and (ii) that those measures had the effect of preventing unauthorised access to the protected subject matter or, at least, of making it difficult to achieve and of seriously discouraging Internet users who were using the services of the addressee of that injunction from accessing the subject-matter that had been made available to them in breach of the intellectual property right, that being a matter for the national authorities and courts to establish.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH – WLR Daily

Posted February 17th, 2014 in copyright, EC law, law reports by sally

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH (Case C‑479/12); [2014] WLR (D) 66

‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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Svensson and others v Retriever Sverige AB – WLR Daily

Posted February 17th, 2014 in copyright, EC law, internet, law reports by sally

Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67

‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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Linking to free web content is legal, says EU Court – BBC News

Posted February 17th, 2014 in copyright, EC law, internet, news by sally

‘Websites can link to freely available content without the permission of the copyright holder, the European Court of Justice says.’

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BBC News, 14th February 2014

Source: www.bbc.co.uk

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Premier League live football: Pub landlord broke copyright law – BBC News

Posted January 31st, 2014 in copyright, costs, licensed premises, media, news, sport by sally

‘A pub landlord has to pay £65,000 in legal costs for breaching the Premier League’s copyright by showing football matches using a foreign satellite card authorised only for private use.’

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BBC News, 30th January 2014

Source: www.bbc.co.uk

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UK copyright reforms to take effect in April 2014 – OUT-LAW.com

Posted December 19th, 2013 in copyright, news, regulations by tracey

‘Changes to UK copyright law will come into force on 6 April 2014, the Government has announced.’

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OUT-LAW.com, 19th December 2013

Source: www.out-law.com

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Copyright Licensing BBC v EOS – NIPC Law

‘As everyone knows, copyright restricts the acts listed in s.16 (1) of the Copyright, Designs and Patents Act 1988 (“CDPA”) in relation to a work in which copyright subsists (“a copyright work”). Those acts include copying, issuing copies, renting, lending or communicating the work to the public etc. Anyone who does any of those acts without the owner’s licence infringes that copyright. He or she may be sued or in an extreme case prosecuted.’

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NIPC Law, 17th December 2013

Source: www.nipclaw.blogspot.co.uk

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Linking to infringing material may not on its own be an act of copyright infringement, says UK judge – OUT-LAW.com

Posted November 25th, 2013 in copyright, injunctions, internet, media, news by tracey

‘Businesses that merely publish a link on their website to copyright infringing material online may not themselves be liable for copyright infringement, a High Court judge has said.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

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Rivals can create copycat software through testing developers’ software and interpreting their user manuals, rules UK court – OUT-LAW.com

Posted November 25th, 2013 in appeals, computer programs, copyright, news by tracey

‘Businesses can replicate the way a rivals’ computer program operates by interpreting how it functions from reading user manuals or other accompanying documents their rivals produce without infringing copyright, the Court of Appeal has ruled.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

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Rihanna takes on Topshop: Get my face off that t-shirt! – OUP Blog

Posted November 18th, 2013 in consent, copyright, misrepresentation, news, privacy, trade marks by sally

“Robyn Fenty — Rihanna to most of us — enjoyed victory in the English High Court earlier this year when she succeeded in stopping High Street fashion retailer Topshop from selling an unauthorised t-shirt bearing her image. 12,000 units of this t-shirt were sold, most at £22 each.”

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OUP Blog, 15th November 2013

Source: www.blog.oup.com

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IP in tattoos, seriously? – Technology Law Update

Posted October 25th, 2013 in artistic works, copyright, intellectual property, news by sally

“There has been a lot of discussion over the last couple of years in the media about what intellectual property exists in tattoos and who owns it. It is likely that tattoos, if original artistic works, will be subject to copyright and the owner of copyright works is generally the person who created them, i.e. the tattoo artist.”

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Technology Law Update, 24th October 2013

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

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