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.’

Full story

OUT-LAW.com, 15th April 2014

Source: www.out-law.com

Comments Off

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

Comments Off

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

Comments Off

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

Comments Off

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.’

Full story

BBC News, 14th February 2014

Source: www.bbc.co.uk

Comments Off

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.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Comments Off

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.’

Full story

OUT-LAW.com, 19th December 2013

Source: www.out-law.com

Comments Off

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.’

Full story

NIPC Law, 17th December 2013

Source: www.nipclaw.blogspot.co.uk

Comments Off

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.’

Full story

OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Comments Off

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.’

Full story

OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Comments Off

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.”

Full story

OUP Blog, 15th November 2013

Source: www.blog.oup.com

Comments Off

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.”

Full story

Technology Law Update, 24th October 2013

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

Comments Off

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 21st, 2013 in appeals, artistic works, assignment, copyright, law reports by sally

Performing Right Society Ltd v B4U Network (Europe) Ltd [2013] EWCA Civ 1236; [2013] WLR (D) 385

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Comments Off

Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

Full story

OUT-LAW.com, 18th October 2013

Source: www.out-law.com

Comments Off

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 18th, 2013 in appeals, artistic works, copyright, intellectual property, law reports by tracey

Performing Right Society Ltd v B4U Network (Europe) Ltd: [2013] EWCA Civ 1236;   [2013] WLR (D)  385

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Comments Off

High Court bans TVCatchup from streaming broadcasters’ content over mobile networks – OUT-LAW.com

Posted October 16th, 2013 in copyright, EC law, internet, interpretation, media, news, telecommunications by sally

“Three UK broadcasters have won the right to prevent an online streaming service provider from retransmitting the TV programmes they show to users of mobile devices via any ‘mobile telephony network’.”

Full story

OUT-LAW.com, 15th October 2013

Source: www.out-law.com

Comments Off

Pinckney v KDG Mediatech AG – WLR Daily

Posted October 7th, 2013 in conflict of laws, copyright, internet, jurisdiction, law reports by sally

Pinckney v KDG Mediatech AG (Case C-170/12); [2013] WLR (D) 367

“In the event of alleged infringement of copyrights protected by the member state of the court seised, the latter had jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another member state and which had, in the latter state, reproduced that work on a material support which was subsequently sold by companies established in a third member state through an Internet site also accessible with the jurisdiction of the court seised. That court had jurisdiction only to determine the damage caused in the member state within which it was situated.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Comments Off

ISPs data protection fears about database of suspected online copyright infringers unfounded – OUT-LAW.com

Posted September 20th, 2013 in copyright, data protection, internet, news, privacy by sally

“OPINION: ISPs are wrong to suggest that data protection laws prevent rights holders creating a database of suspected online copyright infringers. Any concerns ISPs have about invasion of customers’ privacy can be overcome by the use of safeguards.”

Full story

OUT-LAW.com, 20th September 2013

Source: www.out-law.com

Comments Off

Collective licensing bodies face £50,000 fine for non-compliant code – OUT-LAW.com

Posted September 17th, 2013 in codes of practice, copyright, fines, intellectual property, licensing, news by sally

“The Government could fine collective licensing bodies up to £50,000 if they fail to implement a compliant code of practice governing their activities, according to plans outlined by the Intellectual Property Office (IPO).”

Full story

OUT-LAW.com, 17th September 2013

Source: www.out-law.com

Comments Off

Ministry of Sound sues Spotify for copyright infringement – The Guardian

Posted September 4th, 2013 in artistic works, copyright, injunctions, internet, news by sally

“Dance music brand Ministry of Sound is suing Spotify for copyright infringement, claiming the streaming music company has refused to delete users’ playlists that copy its compilation albums.”

Full story

The Guardian, 4th September 2013

Source: www.guardian.co.uk

Comments Off